ssdtm
03-01 04:45 PM
There is nothing you can do now. You cannot change the past. Realistically there is only a very small probability that it will become an issue at 485 approval stage.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
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resident
04-14 01:35 PM
Hello,
I have previously contacted an attorney from NY which has been very successful with O-1 visa applications. He has helped two people I know and apparently has a 100% success rate (I suppose that could come from only choosing cases he's sure will go through). This attorney has reviewed my CV and stated I certainly qualify for the O-1 visa. This guy is also very expensive.
My employer is willing to pay for all visa expenses, as long as it's through their own law firm (which charges about $5000 less than the NY guy). So my question is: as long as the CV is strong, is it possible an attorney could screw up the application, by not preparing it very well? Basically, I am trying to decided whether I should suggest to my employer eating up the cost difference so that I can work with the guy from NY.
Any advice welcome.
Thanks!
I have previously contacted an attorney from NY which has been very successful with O-1 visa applications. He has helped two people I know and apparently has a 100% success rate (I suppose that could come from only choosing cases he's sure will go through). This attorney has reviewed my CV and stated I certainly qualify for the O-1 visa. This guy is also very expensive.
My employer is willing to pay for all visa expenses, as long as it's through their own law firm (which charges about $5000 less than the NY guy). So my question is: as long as the CV is strong, is it possible an attorney could screw up the application, by not preparing it very well? Basically, I am trying to decided whether I should suggest to my employer eating up the cost difference so that I can work with the guy from NY.
Any advice welcome.
Thanks!
eb3_nepa
07-01 11:45 PM
Ok Guys enough "PREDECTIONS" now go to bed.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
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bb08
03-18 11:25 PM
If you have digital camera, you can get soft copy of your photo by using this side.
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bb08
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bb08
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zwswim
01-26 12:55 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
snhn
06-15 04:40 PM
Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
more...
aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
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joydiptac
04-05 01:43 AM
Know your rights. Don't get scared unnecessarily. You should seek legal advice if you are threatened in any way. If you have not done anything illegal yourself don't be afraid.
Here are some facts which every H1b should be aware of.
Got Pay Stubs? Transferring H1B without Pay Stubs | B'Khush (http://bkhush.com/dev/content/got-pay-stubs-transferring-h1b-without-pay-stubs) .
: J
Here are some facts which every H1b should be aware of.
Got Pay Stubs? Transferring H1B without Pay Stubs | B'Khush (http://bkhush.com/dev/content/got-pay-stubs-transferring-h1b-without-pay-stubs) .
: J
more...
komaragiri
07-18 01:19 PM
Wait for the I-485 Receipt Notice(Usually takes 30 days).
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h1bjava
03-14 12:26 PM
Gurus Please take a moment to answer my previous question. Thank you.
more...
cinqsit
10-12 10:32 PM
Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
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pinak32
01-18 11:02 PM
I forgot to post my update - I actually did get my appointment with Xvars.com (http://www.xvars.com) . They got me the appointment about 2 days after I signed up, and I got my stamping done in Toronto on Dec 16th. I also chose Montreal as backup but got my original choice. Good luck to people stamping visas in canada. it is much easier and faster than going back to the home country.
more...
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mdmd10
07-24 04:57 PM
My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.
Yes it is ok for Attorney to sign the papers. Did you authorize them to sign on your behalf?
Yes it is ok for Attorney to sign the papers. Did you authorize them to sign on your behalf?
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Blog Feeds
05-03 08:40 AM
San Diego Restaurant, The French Gourmet Inc., indicted recently for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. is the case, and you can read it here:
French gourmet compalint (http://www.slideshare.net/usvisalaw/french-gourmet-compalint)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.
We keep reminding employers to ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:
* The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986;
* Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9;
* A tickler system for I-9s that require reverification;
* I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and
* Regularly scheduled in-house I-9 audits.
Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.
More... (http://www.visalawyerblog.com/2010/04/district_court_indicts_san_die.html)
French gourmet compalint (http://www.slideshare.net/usvisalaw/french-gourmet-compalint)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.
We keep reminding employers to ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:
* The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986;
* Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9;
* A tickler system for I-9s that require reverification;
* I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and
* Regularly scheduled in-house I-9 audits.
Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.
More... (http://www.visalawyerblog.com/2010/04/district_court_indicts_san_die.html)
more...
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485user
11-19 10:14 AM
Hi,
I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.
Please reply back.
Thanks
your friend
I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.
Please reply back.
Thanks
your friend
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americandesi
08-29 01:49 PM
There is nothing called "H1b transfer" basically every company applies new H1b but it is within quota and you can have multiple companies holding your h1b visa but you can work only for one company on full time rest part time and there is no need cancel H1b, just go and join the company you want to join. Hope this helps
To work part time, the labor petition for the part time employer should reflect PART TIME hours. You can't have FULL TIME hours on labor and work PART TIME.
To work part time, the labor petition for the part time employer should reflect PART TIME hours. You can't have FULL TIME hours on labor and work PART TIME.
more...
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gcbeku
08-12 11:43 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
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cagedcactus
06-26 06:46 AM
I am sure the idea is nice, but have you seen the immigration support polls among American citizens?
with struggling economy and jobs, less and less Americans are supporting any kind of immigration. Legal, or Illegal, they dont care. No one, I mean no one will support us in a way that can be heard by media and the people in high seats. This is our battle and we must fight it alone. Others will help only if we show green, or some kind of benefit of their own.
with struggling economy and jobs, less and less Americans are supporting any kind of immigration. Legal, or Illegal, they dont care. No one, I mean no one will support us in a way that can be heard by media and the people in high seats. This is our battle and we must fight it alone. Others will help only if we show green, or some kind of benefit of their own.
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mirchiseth
05-29 01:42 PM
http://immigrationvoice.org/forum/showthread.php?t=18737
Dhundhun
07-21 09:32 PM
A quick question for all you experts out there
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
Rajwaitingon140
09-21 04:51 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.