воскресенье, 3 июля 2011 г.

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  • ricky26
    04-24 12:26 PM
    Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.

    Does that makes sense ?




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  • va_dude
    02-04 01:04 PM
    I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.

    In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.

    I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.

    just my 2 cents.




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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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  • a_yaja
    06-05 05:02 PM
    Just want to know that is there any law
    which help to get overtime for full time employee.

    I know if you consultant you get paid by hours but not when you become full time employee.

    Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.



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  • manbeing
    12-27 06:48 PM
    but on my LCA, my lawyer entered 5/17 as my last day for continuous employment reason.(my first day in my current company was 5/18). Will that be a problem?


    All experience letters should indicate the last date of your employment as 5/15.




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  • GC_LOOKIN
    12-12 01:09 PM
    Thanks Nashorn..



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  • ras
    03-01 04:25 PM
    ^^




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  • OTTO
    05-13 02:46 PM
    Hi, I was hired 6 months ago as an Electrical Engineer and I am now preparing to apply for GC thru company Sponsorship. I have MS + 2 years and the position requires BS+7.

    1. Am I qualified for EB2?

    2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
    FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)

    Thanks
    Baris



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  • raysaikat
    11-18 12:57 PM
    I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
    My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?

    Yes. They are independent.

    I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
    You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.

    H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
    What is the best way to be able to travel abroad in these circumstances?




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  • immigration_confused
    07-26 07:35 PM
    Hi,
    My brother is in Toronto, Canada for a conference. He has an H1B extension which is not stamped. At the US airport before boarding the toronto flight they took his old expired I-94 (from previous H1B). He currently has his I-797 (H1B) petition that has the I-94 at the end.

    1) Can he use that I-94 to enter the US (his new H1B extension is not stamped). His stay is only for 4 days in Toronto.
    2) If not then what are his other options (except for H1B stamping as there are no dates in toronto)

    Would appreciate any advice as soon as possible.

    Thanks.



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  • rajpatelemail
    03-02 12:29 PM
    What else we have to see: All tamils , all kannadas, all delhites, all north indians, all beharis, all gujarathis, all punjabis are bastards and cause for every silly/big thing in our lives...

    Grow up guys and please do not respond to these threads to increase the fight.

    I do not know why IV admins are still keeping those threads...
    It is just 1 second work to delete/disable that thread, which will straighten out all the hatemongers to put more flame




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  • jthomas
    03-30 02:38 PM
    My I-485/I-140 were filed on Jul 2, 2008 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.

    P.S: I do not have a job yet.

    If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms

    JThomas



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  • gcfriend65
    12-07 03:01 PM
    If you have the receipt number, then you can check the status of approval online at uscis.com. Hope this helps.

    Hi guys,

    Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.

    Or should we wait until the processing dates cross our reciept dates ?

    Anyone who did this successfully, pls enlighten the members.




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  • immigration1234
    08-26 11:18 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.



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  • kirupa
    02-24 03:35 AM
    Hi Sam!
    I am not too familiar with ASPX and Silverlight, but I'll take a shot at this!

    Are you using the Silverlight control that is found in ASPX to insert your silverlight content?

    Thanks,
    Kirupa




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  • wandmaker
    08-15 10:43 AM
    I have a question regarding employment and I-485 approval. For travel, one can take the I-797 approval notice and get their passport stamped if the physical green card has not arrived yet.

    How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.

    I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.



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  • sundarpn
    04-30 06:58 PM
    what about if one changes jobs on AC-21 and then gets married and later wants to file 485 for wife?

    Is anything needed from the old employer?




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  • go_guy123
    01-17 12:53 PM
    Yall...

    Record $14 trillion-plus debt weighs on Congress


    Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)


    Taught of debating if it is worth to live here more ??

    Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )

    The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.

    I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.

    Thanks and Regards -- Green_Always :-)

    They will print money....and 'hose" the "dollar" savings of Japan, China etc....

    The question should be when is China going to figure out an alternative business model other than depressing currency and exporting to US.

    Till that time US can print as much as they want and stick it to the a**es of people who buy us treasuries.

    China has nowhere else to go !!!!!

    http://www.reuters.com/article/idUSTRE70E0V820110115




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  • chanduv23
    06-14 11:19 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.

    After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.

    Do send your story to IV as IV ios collecting such stories




    eager_immi
    03-02 08:18 AM
    Many times you get 10 year visa that does not mean they can stay for 10 years. You never get to stay more than 6 months and under exceptional circumstances that is increased to a year.

    First of all, does US consulate give visa valid for 2 months? I know some countries do, especially if you are applying through SOTC like travel agents.

    Ok.. to answer your question: Your parents _must_ start within 2 months from the time 2-month Visa issued. In other words, your parents must travel before the expiry of Visa in the passport.

    Once they come here, how long can they stay _legally_ in USA depends on I-94 card. Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.

    Hope this helps!!




    us_employee
    06-15 10:43 PM
    Thanks Elaine for the quick reply. He worked for a non-profit organisation earlier so either way he'll be cap subject. He might need to come here on B1 and would it possible to convert from B1 to H1 after coming to US or will he need to go back to INDIA and appy for H1 visa at the consulate. One benefit of converting in US would be to find the right employer given the economic conditions.

    Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.

    Thanks in advance.



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