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arnet
09-18 10:02 PM
Disclaimer: I'm not an immigration attroney, so consult one for your situations as laws and filing procedures are changing constantly.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
wallpaper Life and hope: Aashayein.
jville
10-29 04:31 PM
I am planning to file a Fed Court case against USCIS for incorrect denial of I148 with AC21.
Appreciate if have any input/info on below,
1. How much typically a Fed court case cost?
2. Any recommendation of good attorney for this?
3. Any other information/input
Appreciate if have any input/info on below,
1. How much typically a Fed court case cost?
2. Any recommendation of good attorney for this?
3. Any other information/input
crao_a
06-17 04:13 PM
Hi all,
Thanks for your time...please help.
My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.
But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�
Thanks for your advice,
crao
Thanks for your time...please help.
My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.
But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�
Thanks for your advice,
crao
2011 Life and Hope
RadioactveChimp
05-02 09:26 PM
nice! actually that's pretty creative!
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fromnaija
11-16 01:09 PM
Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.
Dakshini R. Sen
06-24 11:34 PM
Enter your employer's name and address in question number 15. The advice you have got from the IO is not correct. You will not be put into deportation the moment you lose your job. You have time to either transfer your H1 or file a petition for a change of status to another classification.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
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vkotval
03-27 05:12 PM
I think people on H1/H4 are not eligible for medicare. I think you need to be a permanent residence or citizen to avail medicare benefits.
2010 Festival of Life and Hope
rolrblade
07-31 01:46 PM
Hi,
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
A little correction to andy's answer above.
yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.
What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.
Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
A little correction to andy's answer above.
yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.
What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.
Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.
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Dalai Lama
01-17 12:49 PM
I applied for H1B extension, the receipt I-797 I received is showing my Case Number starting with WAC---xx�xx-xxxxx.
When last time I applied it used to start with EAC-xxx.
I am little confused, if anybody knows why it is like that. Please help me
Thanks in Advance.
Dalai lama from Tibbet
When last time I applied it used to start with EAC-xxx.
I am little confused, if anybody knows why it is like that. Please help me
Thanks in Advance.
Dalai lama from Tibbet
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srijay
08-05 08:41 PM
It is August now and I have almost completed 3 years of my H1 (with a consulting firm) and I am due for my renewal by end of September this year. I have all paychecks proper so far. At this time, I badly want to go back to H4 for a short break while I keep looking for full time positions in the market. Due to recession and my location constraints, I am expecting an offer only after a few months from now. So, is it possible to get a change of status to renewed H1 immediately after I get an offer? How long will this processing take? Will a potential new employer be hesitant to offer a position because of this? My current employer is not willing to sponsor for my renewal. What is the cost of H1B renewal under normal circumstances?
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baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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skdskd
08-26 11:56 AM
Hi
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
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EB2IMMIGRANT
08-10 12:01 PM
I think this is good thing. This will definitely weed out the fraud cases and maybe free up some visa numbers. If your AC-21 portability is genuine you have nothing to fear. Let them investigate as much as they want.
tattoo either the life and hope
waitingforead
09-03 04:38 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
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bayarea07
04-08 04:04 PM
Hello All,
I have a quick question regarding my EAD.
I got my EAD through Company A and then that company got bought Over by Company B, though in my Employer name Section, my EAD is still held by Company A.
Question 1 - So Next Time,if i file for my EAD extension,do i need to file any kind of amednment to speciy the new company B in EAD and all USCIS document
Question 2 - What if Company B decided to close down its newly acquired unilt which is Company A, what happens of my EAD status, will that be invalid now.
Please respond.
Thanks!
I have a quick question regarding my EAD.
I got my EAD through Company A and then that company got bought Over by Company B, though in my Employer name Section, my EAD is still held by Company A.
Question 1 - So Next Time,if i file for my EAD extension,do i need to file any kind of amednment to speciy the new company B in EAD and all USCIS document
Question 2 - What if Company B decided to close down its newly acquired unilt which is Company A, what happens of my EAD status, will that be invalid now.
Please respond.
Thanks!
dresses plan of life and hope for
Bush
02-27 03:56 PM
How come you guys do not want to go back there?
Taken from the ad.
"The world has long been fascinated by India's culture, history, and recently, the country's spectacular economic growth. With a per annum growth exceeding 8%, India presents an exciting opportunity for domestic and multinational companies alike. Throughout this conference we will explore the various sectors driving this economic expansion."
Thats a very good question.Off late I am seeing lot of people moving back.I can quote my friend's brother.He lived in this country for the last nearly 18 years.He has 37 patents to his credit.He started his company in 2000 and sold that company to Motorola and currently he is a venture capitalist to Bio-tech start up.I was talking to him other day and hes going back for Good in July.
He was of the opinion that you have to always ride the wave.The gold rush of 2000 and before is gone here.It was his opinion.
I think the main reason is people have slogged here and they want to take atleast some benefit of GC.We are contributing Social Security and you will not see a single penny what you paid to Uncle Sam unless you have a GC.
Taken from the ad.
"The world has long been fascinated by India's culture, history, and recently, the country's spectacular economic growth. With a per annum growth exceeding 8%, India presents an exciting opportunity for domestic and multinational companies alike. Throughout this conference we will explore the various sectors driving this economic expansion."
Thats a very good question.Off late I am seeing lot of people moving back.I can quote my friend's brother.He lived in this country for the last nearly 18 years.He has 37 patents to his credit.He started his company in 2000 and sold that company to Motorola and currently he is a venture capitalist to Bio-tech start up.I was talking to him other day and hes going back for Good in July.
He was of the opinion that you have to always ride the wave.The gold rush of 2000 and before is gone here.It was his opinion.
I think the main reason is people have slogged here and they want to take atleast some benefit of GC.We are contributing Social Security and you will not see a single penny what you paid to Uncle Sam unless you have a GC.
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gcwait2007
03-27 12:50 AM
What is your LC Priority date? Many of my friends had used LC Sub with PD earlier to Dec 2004 and all their applications were approved in TSC. The yardstick for transfer of LC sub cases from TSC to NSC is mystery and we have to find a way to solve it.
girlfriend me love and hope everyday
snedle
06-17 07:03 PM
Doc will give you Sealed & stamped envlope with copy for you. You need to take this envlope and give to your attorney, who will file your case along will your other forms
hairstyles (a fact of life) and hope
pressman
January 5th, 2005, 05:22 AM
I have cropped a little and added toning and contrast. I think it adds a different slant to the image - though not necessarily better.
Pete
Pete
mbartosik
04-08 04:40 PM
If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
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