desi3933
02-10 10:14 AM
.....
My Employer is sure that he gave NO for that question but I am not sure. .....
Why you think that Employer could have answered YES for that question?
.
My Employer is sure that he gave NO for that question but I am not sure. .....
Why you think that Employer could have answered YES for that question?
.
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HeeKwan
03-29 09:10 PM
congratulations !
I`m living in Needham, MA.
I`m living in Needham, MA.
ckumar
09-12 03:24 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
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raysaikat
10-04 11:13 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
more...
jbr
03-02 04:19 PM
I think it is very worthwhile sending a petition to all judiciary committee members. It is perfect time to do so.
nkappiah
07-19 10:58 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Who or what is fragomen? Where can I read up more on this?
Check with a lawyer before you do anything.
Who or what is fragomen? Where can I read up more on this?
more...
rajeshraipv
08-22 04:07 PM
http://www.nvca.org/pdf/AmericanMade_release.pdf
http://www.nvca.org/pdf/AmericanMade_study.pdf
http://www.nvca.org/pdf/AmericanMade_study.pdf
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Steve Mitchell
February 11th, 2006, 08:12 AM
Nikon has acknowledged a limited number of early production D200's may be afflicted with a banding problem. To read Nikon's official stance on the issue, read here (http://support.nikontech.com/cgi-bin/nikonusa.cfg/php/enduser/std_adp.php?p_faqid=13872).
more...
Ann Ruben
07-31 10:20 PM
In order to be eligible for EB-2 classification you must have the equivalent of a US Master's Degree AND a US Master's Degree or its equivalent must be the minimum requirement for the position that is the subject of the I-140 Immigrant Visa Petition.
In other words, even if your education equates to a US Master's degree, you will not qualify for EB2 classification unless the empolyer can show that the job duties of the position could not be successfully performed by anyone not possessing at least a Master's degree or its equivalent.
In other words, even if your education equates to a US Master's degree, you will not qualify for EB2 classification unless the empolyer can show that the job duties of the position could not be successfully performed by anyone not possessing at least a Master's degree or its equivalent.
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pappu
04-06 09:53 PM
Did anyone send her an email yet. Please do if you have not. We need more media visibility for our issues.
more...
niklshah
09-16 02:52 PM
no u can not work on receipt, try to call USCIs and expedite the process, go to senators office they will help u in this matter also...
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ajju
10-12 03:50 PM
So that means it starts prior to Dec'9th for my case..????
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
more...
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mrdelhiite
01-15 10:26 AM
transfer of H1 will work. Enjoy
-M
-M
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lotta
07-18 08:16 PM
Probably not. Perhaps worst case is RFE, which can be easily answered in your case.
more...
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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Blog Feeds
10-15 06:30 PM
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
more...
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same_old_guy
07-09 07:42 PM
Both
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
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werc
12-09 08:57 PM
Congratulations on your marriage.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
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usmo
01-06 07:53 PM
I had worked for company A with H1 B status and company A had decided to downside their facility in CA. I had to look for different employer because I wanted to remain in CA. I had found company B after few months of search and had applied for H1 transfer. I am currently working for company B with a pending status. I had been asked from USCIS after filing for H1-b transfer to prove last employment and provide proofs for last three months pay records which I don't have in hand. I still have good relationship with former employer A. My H1-b from company A hasn't been removed eventhough I haven't worked for them for last few months. Is there any way to answer USCIS requirement.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
milind70
04-28 12:46 AM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
vivek_k
05-07 02:07 PM
Can anyone recommend on a good local (in OKC, Dallas) or national attorney that is very successful in these cases. Thank you for your help.
