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  • krustycat
    01-08 09:39 PM
    Receipting update is just a reference.
    My applications reached NSC 6 months ago on July 9th.
    I have no receipts and checks were not cashed.
    As per IO's my name is not in the system.

    Check this thread (http://immigrationvoice.org/forum/showthread.php?t=14402).

    Good luck!





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  • desi3933
    05-19 03:57 PM
    ..............
    2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
    ..........

    I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.


    ___________________
    Not a legal advice





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  • seahawks
    04-30 03:53 AM
    Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??

    My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.

    PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
    One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.

    Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps





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  • ValleyCoolie
    02-14 06:20 PM
    Here is my suggestion:

    Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.

    If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).

    Hope this helps.



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  • kirupa
    04-08 02:06 AM
    haha - that is really good ;) Adding it up in a few seconds!





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  • ben212_76
    01-18 12:32 PM
    I have a similar case, mentioned above.
    Any information on this will be very helpful.



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  • Blog Feeds
    01-20 08:10 AM
    I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.

    Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

    Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:

    Argentina
    Australia
    Barbados
    Belize
    Brazil
    Bulgaria
    Canada
    Chile
    Costa Rica
    Croatia
    Dominican Republic
    Ecuador
    El Salvador
    Estonia
    Ethiopia
    Fiji
    Guatemala
    Honduras
    Hungary
    Ireland
    Israel
    Jamaica
    Japan
    Kiribati
    Latvia
    Lithuania
    Macedonia
    Mexico
    Moldova
    Nauru
    The Netherlands
    Nicaragua
    New Zealand
    Norway
    Papua New Guinea
    Peru
    Philippines
    Poland
    Romania
    Samoa
    Serbia
    Slovakia
    Slovenia
    Solomon Islands
    South Africa
    South Korea
    Tonga
    Turkey
    Tuvalu
    Ukraine
    United Kingdom
    Uruguay
    Vanuatu

    This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.

    Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)





    More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)





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  • vivcha
    11-18 04:36 PM
    Hi,
    I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India). Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.In case I apply for F1, can I :
    1. Start my classes till my transfer from j1 to f1 is pending
    2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?

    Thanks in advance.



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  • gc_user
    11-28 08:29 AM
    Any updates please????





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  • rosy
    10-18 12:17 PM
    Hi,

    I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
    a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
    b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
    c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?

    Thanks in advance...



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  • 131313
    November 16th, 2004, 09:23 PM
    I gotta see this place. ...very inviting photographs.





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  • gc_dedo
    03-28 01:48 PM
    I got a LUD today filed 7/11/2007 NSC



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  • Blog Feeds
    02-08 09:10 AM
    A rather alarming report, detailed in the Los Angeles Times (http://immigrationvoice.org/www.latimes.com/news/local/la-me-customs-audit-20101228,0,2191445.story), shows that new travel restrictions requiring passports for American citizens to reenter the country are not being enforced.

    These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:

    Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.

    Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.

    Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.

    The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.

    The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.

    Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)





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  • mhtanim
    10-07 11:44 AM
    Hi,

    I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.

    Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.

    Thanks,
    BK

    It should not take this long.

    Did you send your application by Fedex or some other courier that had tracking? Are you able to track when the package(s) reached the Service Center? Which Service Center did you filed your applications at?



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  • jonty_11
    08-01 12:28 PM
    how abt hiring someone to track it!!!
    Lets hire someone from USCIS!!!!





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  • sandeep_1
    09-04 01:41 PM
    I submitted an expedited SR using the phone and prompts suggested earlier. Thank you very much.



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  • Blog Feeds
    08-14 01:40 PM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:


    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.

    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)





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  • hpandey
    06-27 11:57 AM
    One will get a H1-B without I-94 if the person is outside of USA.

    so basically you need to go for stamping to the local consulate for the visa.

    If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.

    Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.





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  • kisana
    02-11 04:20 PM
    My understanding is that state in which you work you need to pay the taxes for that state. And I believe sometime in GC interview they ask for tax papers , during that time it should not create problems.





    apriti
    10-04 12:11 PM
    Hi,
    I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
    Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.





    bazuka6
    02-29 02:14 PM
    I have done this successfully twice (extended) , but you do have to fill out that column. Its a big risk to give incorrect info, since they will find out with A#.



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