STAmisha
11-17 05:47 PM
Please do post it.
I will also follow up with my lawyer.
Thanks
I will also follow up with my lawyer.
Thanks
Ann Ruben
05-27 05:33 PM
The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.
Robert Kumar
03-21 05:59 AM
Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!
I heard sometimes visa is not issued immediately due to admin processing or whatsoever.
In such cases, will they return the passport atleast so that one can travel to India till things get resolved.
And how do they let us know when to come back when things get ready.
Hyd consulate is asking so many many documents.
I heard sometimes visa is not issued immediately due to admin processing or whatsoever.
In such cases, will they return the passport atleast so that one can travel to India till things get resolved.
And how do they let us know when to come back when things get ready.
Hyd consulate is asking so many many documents.
go_guy123
05-22 12:05 PM
My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.
AGT
You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
can any one please tell me that how to report to DOL about this company.
AGT
You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
more...
totalvisa
04-26 10:51 AM
The funny part is that I did use premium process and still took them 4 months...apparently they had made a mistake and process it as non premium and still took the extra $1,000... Im not sure if I am having bad luck or what else to think.
So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...
Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.
My case has become very complicated! Any suggestions?
So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...
Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.
My case has become very complicated! Any suggestions?
Munshi75
06-13 02:09 PM
Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.
This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.
This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.
more...
grupak
02-06 11:46 AM
AFAIK you should be able to get the pay raise mid year even in a university, however you might have to file an amendment to your H1B if it is not the usual inflation adjustments.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
amitjoey
07-20 02:04 PM
If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.
That is a good question, do not know what you would have to do in that situation.
That is a good question, do not know what you would have to do in that situation.
more...
pratibha
04-23 09:25 PM
When My immigration came through, my family and I all flew down by air, stamped ourselves as Landed Immigrants and then came back to states.
You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
To maintain the PR status you have to be the country for 2 years.
You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
To maintain the PR status you have to be the country for 2 years.
knnmbd
03-28 09:10 AM
The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.
more...
gapala
02-04 04:56 PM
This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
hkimmi
09-25 03:31 PM
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.
Gurus please confirm this �, I hope lot of people might be waiting to hear this �
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.
Gurus please confirm this �, I hope lot of people might be waiting to hear this �
more...
mjadala
09-06 05:55 PM
Lack of communication between USCIS and DOL
javadeveloper
05-26 04:57 PM
What is the logic to deny 485(EB3) if 140(EB2) gets denied?
more...
immi_enthu
06-04 09:40 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
deafTunes123
06-14 07:43 PM
Income earned thru rent is considered as Un-Earned Income. All the un-earned income (i.e. that you get by not working) is not subject to social security taxes. But any income earned(working or stocks gain, house rent etc.,) is always considered as Income. Income( i.e. Earned or Un-earned) is always subject to tax as per IRS.
So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.
My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.
So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.
My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.
more...
pcs
11-11 08:59 AM
Great job Bud.... Use local forums to spread the message...
gchopeful
07-17 06:51 PM
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
adGurkha
06-29 12:47 PM
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
Is there a way I can get a copy of this from USCIS?
GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
Libra
09-14 11:52 AM
DO YOU WANT TO WIN OR DO YOU WANT TO LET LOU DOBB WIN, YOU DECIDE.
