achu
09-26 03:45 PM
Technically, you can do that. But it's better for you to transer your case to consular processing if you are not planning to be in the US for a couple years.
I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.
I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.
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Blog Feeds
01-20 07:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
ravi.shah
10-06 03:58 PM
USCIS is increasing fees of various applications from 23, November 10
USCIS - Fact Sheet: After Public Comment, U.S. Citizenship and Immigration Services Announces Final Rule Adjusting Fees for Immigration Benefits (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Thanks for the link Raghu...
USCIS - Fact Sheet: After Public Comment, U.S. Citizenship and Immigration Services Announces Final Rule Adjusting Fees for Immigration Benefits (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Thanks for the link Raghu...
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smuggymba
10-13 12:44 PM
OPT Can work even for training only right!!!
everify company wthout pay! just incase if we dont get a job, just any employer offer letter is good right!!
pl correct me if I think wrong.....
SMUGGYMBA thanks for ur time
I'm talking about post completion OPT - if you have ur EAD card, u can travel with a valid and current employment letter. When it's pre-completion OPT, u r on F1 anyways so u should get stamping...
everify company wthout pay! just incase if we dont get a job, just any employer offer letter is good right!!
pl correct me if I think wrong.....
SMUGGYMBA thanks for ur time
I'm talking about post completion OPT - if you have ur EAD card, u can travel with a valid and current employment letter. When it's pre-completion OPT, u r on F1 anyways so u should get stamping...
more...
rs_nyuser
12-12 10:26 AM
I dont think that holds true. If you follow you'll see they have been approving cases even in December for 2003 when the PD has been retrogressed to 2002 for December.
gcpower1
01-27 07:24 PM
Visa Number is just created for ASIAN people not any one else. Visa Numbers are allocated before M.L.King and not revised since then and never revised.
How stupid we are still asking number insted of solution.
How stupid we are still asking number insted of solution.
more...
vine93
08-11 01:07 AM
Excuse me if its double post.
Instructions for Electronically Filing Form I-131
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Instructions for Electronically Filing Form I-131
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
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msp1976
05-24 05:21 AM
Yes but I was thinking, spouse and children are counted in family based visas and how exempting them will benefit EB visas. Correct me if I'm wrong. :confused:
At present the dependents are counted in the EB cap...So the number 140K for EB is principal applicant+dependents combined...This bill exclude all dependents of EB from any cap...(But the country limits still apply I guess)...
FB and EB cap got nothing to do with each other..
At present the dependents are counted in the EB cap...So the number 140K for EB is principal applicant+dependents combined...This bill exclude all dependents of EB from any cap...(But the country limits still apply I guess)...
FB and EB cap got nothing to do with each other..
more...
up_guy
02-21 10:57 AM
ARUBEN
Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
I just wanted to validate my understanding.
Regards
Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
I just wanted to validate my understanding.
Regards
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gcfriend65
12-18 08:35 AM
I had a soft touch on my LUD for I-485 yesterday. Have received EAD card and been fingerprinted. Waiting for AP approval. Does anyone have a clue what is this in regards to?
more...
Iammontoya
04-12 07:36 PM
there's a tutorial in the swift3d tutorial section that teaches you how to do this.
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jambapamba
07-23 07:53 AM
I just read somewhere...that if I do not file by I140 by July 31 the i lose chance to file I485 by august 17..which i could file anyway together if I have to file it by July31..Is this true..
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
I think its only for labor exempt cases. Since your PD is 2001...u r fine to file by aug17th
Some people here say LC must be cleared by July 31st...so u r fine that way too. Your LC will say a approval date in July...so u r ok...(eventhough some argue that its not important)
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
I think its only for labor exempt cases. Since your PD is 2001...u r fine to file by aug17th
Some people here say LC must be cleared by July 31st...so u r fine that way too. Your LC will say a approval date in July...so u r ok...(eventhough some argue that its not important)
more...
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vemulap1
09-30 06:54 PM
Is there any form we have to submit, just write a letter with explination.
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surabhi
08-01 01:54 PM
My employer has asked me to take care of our office in India. I am on H1B that will expire in 2011. We have decided for me to spend 2 months in India and one month in US. The plan is to reenter US on H1B since it will still be valid.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
There is no problem. I had to do it for same reason i had to work 2-3 months in 2 instances. And for the final time, it was 15 month offshore India assignment. No problems at all.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
There is no problem. I had to do it for same reason i had to work 2-3 months in 2 instances. And for the final time, it was 15 month offshore India assignment. No problems at all.
more...
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dixie
08-23 06:34 PM
Since EB-1 does not need labor certification, the process is completely independent of EB-2. As such you cannot "port" your EB-2 application the way people transition from EB-3 to EB-2. You will have to apply directly to USCIS with evidence of your "extraordinary ability" in your field, such as honorable membership of professional bodies, research track record, letters from well-known people in your field etc. The first stepto convince USCIS about exceptional ability is very involved, but there on I-140 and I-485 should proceed far more smoothly than EB-2.
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ambals03
03-04 09:21 AM
Nightly News: U.S. losing immigrant brainpower - Business - Consumer news - U.S. business - msnbc.com (http://www.msnbc.msn.com/id/41894670/ns/business-consumer_news/)
more...
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calaway42
10-05 01:37 AM
thanx! man lost, I learn least one thing from you everyday :D
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ushkand
07-20 12:19 PM
Hi All,
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
Would you be kind enough to post your filing date and USCIS RD?
Thanks.
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
Would you be kind enough to post your filing date and USCIS RD?
Thanks.
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Abhishika
09-22 05:20 PM
thank u all. I will ask them to give a copy to apply for SSN
ajju
02-05 07:23 PM
Friends...
I am considering move to a different state in few months (work from home) keeping my existing job for health reasons... My employer has been nice to me.. so Iam not considering changing job for now... My concerns,
1) Will this situation cause compulsary RFE? Anything I need to be careful of?
2) Do I need to invoke AC21 or just amend my H1 or start using EAD? What is advisable... Any personal experience??
3) Can I claim moving expense (when filing taxes) if moved with same job??
Thanks...
I am considering move to a different state in few months (work from home) keeping my existing job for health reasons... My employer has been nice to me.. so Iam not considering changing job for now... My concerns,
1) Will this situation cause compulsary RFE? Anything I need to be careful of?
2) Do I need to invoke AC21 or just amend my H1 or start using EAD? What is advisable... Any personal experience??
3) Can I claim moving expense (when filing taxes) if moved with same job??
Thanks...
thomachan72
10-25 11:13 AM
I have a PD of April 2008 in the EB2-I category, but am exploring the option of switching to EB1 if possible. I am a clinical psychologist, working in a not-for-profit agency. What are my chances? Does it depend more on the case itself or a really good lawyer who can present your case in the best way it can be presented? This is a really stressful situation because my husband's H1-B runs out next summer and we cannot live here on just my income. Any feedback?
I believe the case itself is the major factor. The credentials/publications/patents + solid letters of recomendations etc is the major factor. The attorney can advice you on the types of letters or proofs that are required to substantiate your case but not more. And ofcourse once you have decided that you could potential go for the EB1, I would certainly ask others for attorneys who have had more success in EB1 cases. The "good" attorney will evaluate your total package and asks you for more documents if it is not good enough. Others will take your money and all material you send and just send it over to the CIS.
I believe the case itself is the major factor. The credentials/publications/patents + solid letters of recomendations etc is the major factor. The attorney can advice you on the types of letters or proofs that are required to substantiate your case but not more. And ofcourse once you have decided that you could potential go for the EB1, I would certainly ask others for attorneys who have had more success in EB1 cases. The "good" attorney will evaluate your total package and asks you for more documents if it is not good enough. Others will take your money and all material you send and just send it over to the CIS.
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