pan123
12-29 05:53 PM
Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
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tanu_75
03-05 03:28 AM
Hi,
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
You can check out the EB3-EB2 calculations thread. You have a decent chance of getting your GC by September 2011 based on the predictions there.
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
You can check out the EB3-EB2 calculations thread. You have a decent chance of getting your GC by September 2011 based on the predictions there.
willgetgc2005
09-14 07:13 PM
Hi,
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
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sudhakar_p_v
06-12 11:05 AM
Hi 485_spouse,
I just e filed my wifes application , can we fedex the documents or does this have to be first class mail. I tried looking for this info but couldnt find any concrete answers.
thanks
I just e filed my wifes application , can we fedex the documents or does this have to be first class mail. I tried looking for this info but couldnt find any concrete answers.
thanks
more...
sk.aggarwal
02-21 07:28 PM
Would recommend doing an appeal for perm. That will keep perm active while your H1 gets processed.
msurgay
04-19 03:41 AM
That's a nice idea :-) Love it.
more...
mrana
01-18 12:11 PM
Gurus,
My case is - PD Nov 2007 , I-140 approved June 2008. I -485 is not applied. Can I change Job on this basis and still maintain my Priority date ?
BTW : Current company lawyer does not give copy of receipt of I-140 ( says its company property) though I know the LIN #.
Please guide
Thanks
My case is - PD Nov 2007 , I-140 approved June 2008. I -485 is not applied. Can I change Job on this basis and still maintain my Priority date ?
BTW : Current company lawyer does not give copy of receipt of I-140 ( says its company property) though I know the LIN #.
Please guide
Thanks
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adhantari
06-16 03:26 PM
6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
H1 loosers still hanging here.....
H1 loosers still hanging here.....
more...
mrsr
06-19 11:34 AM
factoryman ,
i did searched the posts and apart from one post in that thread i didnt get any satisfacotry answer so i created the post . please do not write that we are not doing our search .
Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.
i did searched the posts and apart from one post in that thread i didnt get any satisfacotry answer so i created the post . please do not write that we are not doing our search .
Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
more...
lskreddy
01-13 12:25 AM
I know of a friend who had his grand parents visit him recently and they had no trouble. When asked, I was told they mentioned they wanted to take a trip to see their grandson while they could. All the best.
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rayoflight
02-22 02:58 PM
@Admin: Please delete the reply from VSS as it contains words which are politically incorrect.
@VSS: Please refrain from bashing "undocumented workers". If you have an answer reply if not dont.
Thanks,
Rayoflight
@VSS: Please refrain from bashing "undocumented workers". If you have an answer reply if not dont.
Thanks,
Rayoflight
more...
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mbartosik
04-08 06:59 PM
I just spoke with Siva, and the funding might not be the issue with DoL. This might be a case of the "mythical man month" (training more people takes time).
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
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sheish
09-22 11:03 AM
Hi,
Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?
Thanks.
Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?
Thanks.
more...
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Biking
06-08 04:45 PM
I am July filer got 485 RFE
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
First of all, how do you know that RFE is for that mistake?
If you knew that your prev attorney made a mistake, you could have send a note to USCIS about this error at that time itself. Since you kept this quite, now you have to pay principal + interest.
All the best.
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
First of all, how do you know that RFE is for that mistake?
If you knew that your prev attorney made a mistake, you could have send a note to USCIS about this error at that time itself. Since you kept this quite, now you have to pay principal + interest.
All the best.
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08-06 02:46 PM
good
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pappu
05-18 02:42 PM
http://www.employment-familysponsoredimmigration.com/practice.html
ask for paul herzog.
This firm is expensive but good.
ask for paul herzog.
This firm is expensive but good.
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panky72
06-18 04:56 PM
Hi
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
Although you receive 1 yr parole but you still need AP renewal before the current one expires (Oct 16th in your case). I think that the parole stamp on I-94 does not allow reentry into US.
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
Although you receive 1 yr parole but you still need AP renewal before the current one expires (Oct 16th in your case). I think that the parole stamp on I-94 does not allow reentry into US.
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coolwiz26
07-03 01:02 AM
same here. Please explain the pros and cons.
-C
-C
hibworker
09-15 03:13 PM
Its a typo... they copy - pasted EB3-C dates.
go_guy123
08-19 12:58 PM
the question is about the type of visa needed to enter canada. I have pending I-485 in US but need visa to go to Canada. I have tourist visa for Canada but was wandering if I need to apply for a diferent visa to visit a client of my company for a few days. The reason of my visit is obviously not tourism...
Does the question make sense?
I think Canada has one single visa for both tourism and business. Post in the Canada Immigration/Visa forum in britishexpats which you will
find knowledgable people about Canada immigration as this forum is mainly about US immigration.
However below is the official link.
Application For a Temporary Resident Visa to Visit Canada (http://www.cic.gc.ca/english/information/applications/visa.asp)
In the purpose you say: business
Does the question make sense?
I think Canada has one single visa for both tourism and business. Post in the Canada Immigration/Visa forum in britishexpats which you will
find knowledgable people about Canada immigration as this forum is mainly about US immigration.
However below is the official link.
Application For a Temporary Resident Visa to Visit Canada (http://www.cic.gc.ca/english/information/applications/visa.asp)
In the purpose you say: business
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