willwin
06-30 02:03 PM
Pappu,
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
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WillIBLucky
06-14 11:22 AM
Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
aguy
01-15 01:55 PM
I am hoping that the availability of visa numbers has little or no effect on 140 approvals.
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glus
02-15 09:17 AM
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
more...
bank_king2003
06-04 03:01 PM
really appreciate it.
desi3933
05-04 10:44 AM
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
bekugc
04-18 04:15 PM
the main grey area for n2b is --
when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
im not sure but i think u shud be OK.
- in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.
when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
im not sure but i think u shud be OK.
- in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.
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ags123
08-29 11:17 AM
Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.
I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
(In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)
The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer
Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.
I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
(In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)
The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer
Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.
more...
glus
05-10 07:23 PM
hello,
Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.
Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.
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andy garcia
08-10 06:01 PM
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
more...
53885
08-10 01:44 AM
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
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GCBy3000
05-06 11:47 AM
If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
more...
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RollingStone12
04-25 02:43 PM
1 felony on record;
no FELONIES...
and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
So stuff that where it needs to be stuffed
Dont worry its just a matter of time...already your son would have started the itching for second Felony...yes its getting stuffed in the right place. I mean the ICE.
no FELONIES...
and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
So stuff that where it needs to be stuffed
Dont worry its just a matter of time...already your son would have started the itching for second Felony...yes its getting stuffed in the right place. I mean the ICE.
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nashorn
12-12 03:03 PM
Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
more...
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probe
08-07 10:04 PM
I had seen similar post by some one and poster says he was asked to work with receipt by customer service of USCIS.But it can't be validated and again your employer will ask for renewed EAD to be frank this is a quagmire of uncertainties .
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anu_t
06-17 05:36 PM
I think after 180 Days you should be ok.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
more...
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Blog Feeds
01-14 08:20 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmspvzhx9SkPVmddtBZaHcMY9V12Ltkj1F0IXTC2VU4xpdFTM4Rv621u5SGhcRxW-qNjpTRGIcK48AMN9xpUdzSBuOHyIZL02SsqvIwMCNBQLiFoLKUR98dtwDl98NnxlPXtB2ZE_UUeq5/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmspvzhx9SkPVmddtBZaHcMY9V12Ltkj1F0IXTC2VU4xpdFTM4Rv621u5SGhcRxW-qNjpTRGIcK48AMN9xpUdzSBuOHyIZL02SsqvIwMCNBQLiFoLKUR98dtwDl98NnxlPXtB2ZE_UUeq5/s1600-h/uscisLogo.gif)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
Does the petitioner hire, pay, and have the ability to fire the beneficiary?
Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
Does the petitioner claim the beneficiary for tax purposes?
Does the petitioner provide the beneficiary with any type of employee benefits?
Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
Does the petitioner hire, pay, and have the ability to fire the beneficiary?
Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
Does the petitioner claim the beneficiary for tax purposes?
Does the petitioner provide the beneficiary with any type of employee benefits?
Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
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harish357
03-15 12:26 AM
I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
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bhatt
05-20 12:57 PM
Hello All,
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
alterego
06-19 12:05 PM
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
GCBy3000
04-10 03:58 PM
I am from Wisconsin. I sent an email expressing to volunteer from WI State.
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