kpraveenn
01-28 01:57 PM
Lakshmi, Thank you for providing the link.
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pmb76
07-11 05:20 PM
How about Rakhi Sawant or Bipasha Basu doing a oomph number for IV ?
saileshdude
09-30 10:20 PM
Unfortunately , it is true. I personally know a friend whose I-485 was denied even without issuing any NOID or RFE. Reason, well its very obvious, the underlying I-140 was revoked, even though it was past 180 days. By law, your supposed to get NOID or RFE. but some IOs are ignorant and do not know the AC21 laws properly. So they issue straight denial. The number of cases are few because not many companies revoke I-140 past 180 days. But few companies do and some have to do it. So in these situation yes, chances are that you will get a straight denial and that is why there is thread to lobby efforts to raise some concerns to Ombudsman about these erroneous denials.
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irukandji
02-14 10:21 AM
will the GC be still valid after converting to H1B? or will it be rejected? even after AC21 has been invoked by the new employer...
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rongha_2000
04-22 12:16 PM
Workvisaforall,
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
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tdasara
03-06 04:03 PM
The use of H1b is extensive just to promote false news....
H1b and Greencards are used in the same context. Many 'technology' magazines don't like either GC's or H1b's.
GC process is a 'fair' atleast when it comes to prevailing wage and so they quote 'H1b' quite often to build up their case.
H1b and Greencards are used in the same context. Many 'technology' magazines don't like either GC's or H1b's.
GC process is a 'fair' atleast when it comes to prevailing wage and so they quote 'H1b' quite often to build up their case.
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sagi9
01-12 06:30 PM
Whichever petition is latter is valid.
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sgupta33
09-19 12:34 PM
Hello All,
The Washington Post - Metro Section - has an article on the rally in today's paper.
Have others come across any other papers carrying articles on the rally?
Thanks.
The Washington Post - Metro Section - has an article on the rally in today's paper.
Have others come across any other papers carrying articles on the rally?
Thanks.
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wandmaker
12-11 09:37 PM
When you reach NSC or TSC, you talk to an IO. Who really is an IO? Are they first line of customer service at the centers? They then send requests etc to officers handling your cases?
I am trying to understand the relationship between the Customer Service agents, IOs and the case workers.
My understanding is:
Customer Service Rep (Level 1) - has access to little more information (like insights on processing times) than what you see online.
Customer Service Rep (Level 2) - has more access priviledge than CSR1, most of the time, s/he helps you open a high serverity service requests and/or direct your call to right resource to have your questions answered.
Immigration Officer (Customer Service) - Most of the people who use POJ end up in reaching IO CS, who has more insights about the case details (workflow, cards ready to be printed and etc), s/he will help you resolve the isssue or answer the question on hand.
Immigration Officer (Case Adjudication) - the one who is acutally working in the case, whom you will never be able to reach through POJ but It is possible to have your call routed through CSR2 or IO-CS - it all depends on your case issue and planet alignment.
Immigration Officer (Customer Service), Immigration Officer (Case Adjudication), the titles in the bracket are made up names to distingush the role. Long story short, both are immigration officers with different roles and access.
Others can throw more light on this
I am trying to understand the relationship between the Customer Service agents, IOs and the case workers.
My understanding is:
Customer Service Rep (Level 1) - has access to little more information (like insights on processing times) than what you see online.
Customer Service Rep (Level 2) - has more access priviledge than CSR1, most of the time, s/he helps you open a high serverity service requests and/or direct your call to right resource to have your questions answered.
Immigration Officer (Customer Service) - Most of the people who use POJ end up in reaching IO CS, who has more insights about the case details (workflow, cards ready to be printed and etc), s/he will help you resolve the isssue or answer the question on hand.
Immigration Officer (Case Adjudication) - the one who is acutally working in the case, whom you will never be able to reach through POJ but It is possible to have your call routed through CSR2 or IO-CS - it all depends on your case issue and planet alignment.
Immigration Officer (Customer Service), Immigration Officer (Case Adjudication), the titles in the bracket are made up names to distingush the role. Long story short, both are immigration officers with different roles and access.
Others can throw more light on this
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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.
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Ann Ruben
03-11 10:29 AM
Sundarpn,
You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.
Hope this helps,
Ann
You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.
Hope this helps,
Ann
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martinvisalaw
07-24 02:46 PM
hello..
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
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confu
08-26 04:25 PM
A friend of mine told me that we do not have to pay Social Security Tax while working on EAD. Does anybody know if this is true ?
That would be a huge plus in case its true.
That would be a huge plus in case its true.
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diptam
08-01 09:17 AM
Same thing happened with me - My labor was approved from Phily BEC on Mar 16th 07 and my company kept saying that didn't receive anything till Apr 16th 07...
Then i was impatient and called Phily BEC and they were very nice to explain me that it can take upto 1.5 months to 2 months for my company to receive via Lawyer. In fact it may take 1 month for Phily BEC to mail - he explained.
Eventually my company received the Labor papers on May 7th 07....
Hope this story helps.
Diptam
How long on average does it take to get labor approval into my lawyers' hands from BEC once it is approved (certified status shown on the BEC website).
Then i was impatient and called Phily BEC and they were very nice to explain me that it can take upto 1.5 months to 2 months for my company to receive via Lawyer. In fact it may take 1 month for Phily BEC to mail - he explained.
Eventually my company received the Labor papers on May 7th 07....
Hope this story helps.
Diptam
How long on average does it take to get labor approval into my lawyers' hands from BEC once it is approved (certified status shown on the BEC website).
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ANDAHD1
11-01 08:38 AM
I am currently on OPT (Optional Practical Period) which is one year work authorization after completing my masters degree which started in Fed 2010 and valid for one year, and I got married to a US citizen in June 2010 (she is a born US citizen) and we applied for neutralization and our interview was scheduled in Oct 2010, But the thing is my wife was hiding one fact that she was married before and was divorced in 1999 She did not told me this until the interview was schedule with the fear of loosing me as she lied to me from the beginning when we first meet back in Aug 2007 and she continued with same lie with the fear of loosing me if she tells me the truth and assuming I will never find out about it, but later after the immigration interview was scheduled she told me the truth thinking something might go wrong and could land me in trouble and we went to court to get the divorce papers surprisingly the divorce was not finalized and after doing the paper work the divorce is now finalized.
Since we applied for immigration when her first marriage divorce was not finalized our application becomes invalid so we withdraw our application and we received an acknowledgement for the same.
Now that our marriage is valid and can apply for it again, but now my questions are.....
1. I don�t understand what is my current status? Am I still considered as a student? Shall I apply for H1B Visa in premium process as my OPT expired in Feb 2011?
2. Can I continue to be a Foreign Student (F1 Visa Status) after my OPT expired in Feb 2011.
3. Shall I reapply for Change of Status again with new application? With new papers??
4. While I was a student I worked on Cash is that going to be a problem for me??
Please Advise, and let me know If there any questions related to the above case.
Thanks
A
Since we applied for immigration when her first marriage divorce was not finalized our application becomes invalid so we withdraw our application and we received an acknowledgement for the same.
Now that our marriage is valid and can apply for it again, but now my questions are.....
1. I don�t understand what is my current status? Am I still considered as a student? Shall I apply for H1B Visa in premium process as my OPT expired in Feb 2011?
2. Can I continue to be a Foreign Student (F1 Visa Status) after my OPT expired in Feb 2011.
3. Shall I reapply for Change of Status again with new application? With new papers??
4. While I was a student I worked on Cash is that going to be a problem for me??
Please Advise, and let me know If there any questions related to the above case.
Thanks
A
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thota
10-28 08:51 PM
I also received the same message for my i485 application. Still have not recvd it. Anu updates from your end ?
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kirupa
05-09 08:15 PM
Looks really nice sharif ;) Reminds me of your grunge days on the forums last year!
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Blog Feeds
11-08 03:30 PM
USCIS recently issued a Memo that amends Adjudicator�s Field Manual on General Form I-140 Issues. Many issues are covered, but one of particular interest to our PERM (http://www.h1b.biz/lawyer-attorney-1135851.html)readers is the Labor Certification Validity for Labor Certifications with an Ending Validity Date that Falls on a Saturday, Sunday or Federal Legal Holiday.
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
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Digitalosophy
09-26 02:23 PM
lol i think he wants you to see his work!!!
:lol: whats funny is he emails me this right, then when I go to reply, he blocks emails :puzzled:
So I may ask... If you don't want emails, what makes you think I want yours?
:ear:
:lol: whats funny is he emails me this right, then when I go to reply, he blocks emails :puzzled:
So I may ask... If you don't want emails, what makes you think I want yours?
:ear:
langagadu
08-19 11:20 PM
That message from him is close to 2 years old.
Hey vldrao
We are meeting for last couple of weeks as part of the State Chapter. Are you currently member of our State Chapter? If not send me a request to the State Chapter link on my signature.
Hey vldrao
We are meeting for last couple of weeks as part of the State Chapter. Are you currently member of our State Chapter? If not send me a request to the State Chapter link on my signature.
lazycis
01-26 04:47 PM
It's simple: marry first, apply for H4, then enjoy your honeymoon. Come to the US and apply for H1.
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