ivjobs
11-06 06:44 PM
I dont wish to make this a publicity forum for companies or individuals, But it would be heartening to know about other successful entrepreneurs who have been in the similar shoe of this immigration mess. It would be nice if IV members can post their successful ventures in the yahoo group and inspire other members. Please refrain to advertise but feel free to share your experience as an entrepreneur and your successful ventures in the yahoo group.
wallpaper 31 Weeks pregnant!
sathyaraj
11-02 10:18 AM
Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
Recapture of GC numbers by nurses will help EB3 is a false belief.
Recapture of GC by nurses will first take away EB3 greencards from the usual annual quota and once finished, they will go to taking the 61K quota. (Read the provison and previous rule followed in allotment of 50K visas in 2005)
Who will be hurt the most?
India and China because they are oversubscribed countries to some extent ROW. So nurses will get priority in the limited quota of these countries and once the quota is finished, they will go on to take the 61K quota. This will hurt regular EB3 people as their quota is exhausted. This is one of the many reasons why dates for india are so far backlogged.
If government really wants to help nurses then they should probably give them extra H1B visas or J1 viisas or something. They should not be giving them direct greencards meant for regular EB3 folks and denying EB3 folks waiting in line for a long time.
This is happening because of the strong nurses lobby and bodyshoppers who bring in the nurses directly on greencards.
Go talk to foriegn nurses and they will tell you more about bodyshoppers.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
Recapture of GC numbers by nurses will help EB3 is a false belief.
Recapture of GC by nurses will first take away EB3 greencards from the usual annual quota and once finished, they will go to taking the 61K quota. (Read the provison and previous rule followed in allotment of 50K visas in 2005)
Who will be hurt the most?
India and China because they are oversubscribed countries to some extent ROW. So nurses will get priority in the limited quota of these countries and once the quota is finished, they will go on to take the 61K quota. This will hurt regular EB3 people as their quota is exhausted. This is one of the many reasons why dates for india are so far backlogged.
If government really wants to help nurses then they should probably give them extra H1B visas or J1 viisas or something. They should not be giving them direct greencards meant for regular EB3 folks and denying EB3 folks waiting in line for a long time.
This is happening because of the strong nurses lobby and bodyshoppers who bring in the nurses directly on greencards.
Go talk to foriegn nurses and they will tell you more about bodyshoppers.
eb3retro
12-11 02:54 PM
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
2011 30 Weeks: Pregnant Belly
glus
09-11 09:13 AM
Just ordered a t-shirt from NY.
more...
peer123
04-16 09:56 PM
bumping...
WeldonSprings
01-29 09:14 PM
E-Verify was a bargaining chip for Senate Democrats against Senate Republicans.
What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.
But the Visa Recapture Bill didn't happen.
So, E-Verify also didn't happen.
However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
Therefore, E-Verify is active today in the system.
Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.
However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!
How is e-Verify going to affect legal immigrants ?
What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.
But the Visa Recapture Bill didn't happen.
So, E-Verify also didn't happen.
However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
Therefore, E-Verify is active today in the system.
Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.
However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!
How is e-Verify going to affect legal immigrants ?
more...
lfadgyas
05-20 10:24 PM
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
2010 30 Weeks: Pregnant Belly
swo
07-21 04:13 AM
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
chanduv23
09-10 09:51 AM
I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.
I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.
I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.
hair 30 weeks pregnant.
indianabacklog
06-27 08:56 AM
If an A# has been assigned it will be in the beneficiary box of the I140 approval notice. Not everyone has been given one it would appear. If you have not leave that box on the forms blank.
more...
friend99
10-09 04:57 PM
Hi,
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
hot Pregnant Sarah - 30 weeks
yabadaba
09-26 05:21 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.
more...
house 30 Weeks Pregnant.
kriskris
08-22 03:18 PM
I just called the DMV, they are again blindly saying that they just accept I-94 and nothing else. When i tried explaining them about how this is being handled in other states, they told me that this is TEXAS....we go by our own rules. I don't think i have any other option other than going for Premium.
Any advises on upgrading to premium at this time.
Any advises on upgrading to premium at this time.
tattoo 30 weeks pregnant with my
RSRao
10-28 03:32 PM
This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.
more...
pictures 30 weeks pregnant.
Houstonguy
04-24 11:56 AM
Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
dresses 30 weeks 3 days July 18th
pansy
05-14 12:29 PM
Initially I paid all the fees for I-485 and EAD filing. Now I need to renew my EAD, who should pay renewal fees [Employee or Employer]. Employer paid for H1B expired in March'08. Current EAD will expire in Sep' 08.:)
more...
makeup 40 weeks pregnant internal
TwinkleM
07-02 02:55 AM
My lawyer did receive the RFE for new H1 application.
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
girlfriend 30 weeks pregnant
adde72
05-22 09:47 PM
What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.
I assume USICS will accept the Labor's and I 140 until in the old form until the merit based system was introduced .I assume the transition will be like the introduction of PERM
I assume USICS will accept the Labor's and I 140 until in the old form until the merit based system was introduced .I assume the transition will be like the introduction of PERM
hairstyles Natasha is 30 weeks pregnant
Blog Feeds
08-06 08:10 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
dpp
06-28 03:18 PM
As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
Yes, employment offer letter should have PERM title for sure. Same thing i mentioned in earlier post as well.
but for Employment verification letter, may be not all attorneys asks for it. But most of them ask. And it should have your current H1B/L1 title, if they are asking for this letter.
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
Yes, employment offer letter should have PERM title for sure. Same thing i mentioned in earlier post as well.
but for Employment verification letter, may be not all attorneys asks for it. But most of them ask. And it should have your current H1B/L1 title, if they are asking for this letter.
GCapplicant
02-01 07:57 PM
We had a similar problem during Dec 06 - Our bill came around 400 ...We reside in NJ...
We were surprised because we spent almost 20 days in Florida.
when we called our provider there wasn't much help ,they never accepted that it was a fault.
I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.
Then thet agreed not to charge for three months.
So check your meter...and previous bills usage ...for comparison...
But where were you at a stretch all those months??
We were surprised because we spent almost 20 days in Florida.
when we called our provider there wasn't much help ,they never accepted that it was a fault.
I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.
Then thet agreed not to charge for three months.
So check your meter...and previous bills usage ...for comparison...
But where were you at a stretch all those months??
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