martinvisalaw
04-09 02:07 PM
The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.
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kumarc123
08-26 10:11 AM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
vinabath
10-06 08:24 AM
Sorry if this is already posted.
on CNN politics section with title
"Bush tries to shift focus from war, Foley scandal"
Homeland security bill signed
After his remarks, Bush stepped outside on a patio with a view of Camelback Mountain to sign a $34.8 billion bill to fund homeland security. The bill includes $1.2 billion for about 700 miles of fencing along the U.S.-Mexico border, along with vehicle barriers, lighting and infrared cameras to help catch people sneaking across.
But Bush has been saying for months that the country's immigration problems cannot be solved just by tightening border security. U.S. employers need cheap foreign labor, and immigrants will continue to sneak in to take the jobs, Bush said, so Congress should authorize temporary work permits to match those workers with low-paying jobs that other Americans don't want. He also wanted to give citizenship to millions of illegal immigrants already in the United States.
But Republicans in Congress took a tougher stance against immigration and have refused to give Bush the more comprehensive legislation he wanted.
"We'll continue to work with Congress to pass comprehensive immigration reform that secures this border, upholds the laws and honors our nation's proud heritage as a land of immigrants," Bush said just before putting his pen to the bill's paper.
on CNN politics section with title
"Bush tries to shift focus from war, Foley scandal"
Homeland security bill signed
After his remarks, Bush stepped outside on a patio with a view of Camelback Mountain to sign a $34.8 billion bill to fund homeland security. The bill includes $1.2 billion for about 700 miles of fencing along the U.S.-Mexico border, along with vehicle barriers, lighting and infrared cameras to help catch people sneaking across.
But Bush has been saying for months that the country's immigration problems cannot be solved just by tightening border security. U.S. employers need cheap foreign labor, and immigrants will continue to sneak in to take the jobs, Bush said, so Congress should authorize temporary work permits to match those workers with low-paying jobs that other Americans don't want. He also wanted to give citizenship to millions of illegal immigrants already in the United States.
But Republicans in Congress took a tougher stance against immigration and have refused to give Bush the more comprehensive legislation he wanted.
"We'll continue to work with Congress to pass comprehensive immigration reform that secures this border, upholds the laws and honors our nation's proud heritage as a land of immigrants," Bush said just before putting his pen to the bill's paper.
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Blog Feeds
07-27 03:40 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
more...
bhatt
05-21 11:31 AM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
more...
kondur_007
02-19 05:48 PM
I am not familiar with the for I 130. But I can answer about 485:
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
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ksircar
06-23 12:39 PM
If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
If dates retrogress, I-485 processing is FIFO based on PD.
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
If dates retrogress, I-485 processing is FIFO based on PD.
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
more...
wandmaker
11-01 08:21 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
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vandanaverdia
09-07 02:52 PM
^^^ bump ^^^ Anyone working in Microsoft, Amazon, Starbucks, Boeing.. all of them... please spread the word, post internally, talk to friends.. I am sure there can be more people from Seattle attending the rally! Wake up, lets go..
more...
coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
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moonrah
10-16 09:51 AM
I received A#. You can contact your lawyer and ask them. I haven't filed yet.
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rajasush7174
10-13 04:26 PM
hi..i too would like to join in.. i stay in souderton, pa.. please let me know the details.. thanks a ton..
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rovingeye
07-26 02:28 PM
Hello Friends
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
more...
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aioros
05-19 11:17 AM
You could try to draw the C manually or use a pixel font that is better suited for the blocky look ;)
or no C at all...
hahahahahaha
hmmm. i tried using pixel fonts but they get so small you can't even see the c anymore ... too small a space. when i zoom in in looks great, but that's not the point. LOL
;)
or no C at all...
hahahahahaha
hmmm. i tried using pixel fonts but they get so small you can't even see the c anymore ... too small a space. when i zoom in in looks great, but that's not the point. LOL
;)
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GC_SUCK
03-27 11:12 AM
My lawyer mailed my concurrent case (140/485/AP/EAD) on 03/23/07 thru DHL. I am in TX. I also included my Personal check of $1000 for 140 PP.
1) When should I hear something about my case from USCIS?
2) which service center will be processing my case?
3) Will I hear about something directly from USCIS or its only the lawyer who will me main contact?
Will appreciate your comments.
Thanks
1) When should I hear something about my case from USCIS?
2) which service center will be processing my case?
3) Will I hear about something directly from USCIS or its only the lawyer who will me main contact?
Will appreciate your comments.
Thanks
more...
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sk.aggarwal
05-12 03:08 PM
Only thing to note is that your employer should have enough profit to pay you and possibly other I140s applied by him. Might be an issue for small consulting company.
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gcformeornot
08-08 09:59 AM
^^^^^^^^^bump^^^^^^^^^
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sundarpn
04-09 08:13 AM
Options are:
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
admsurveys
10-13 09:25 PM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
champu
02-28 08:32 PM
DEC 07 PD is current ..??? which category are you in.
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