Blog Feeds
04-23 10:10 AM
In the past week or so we have been receiving many requests for evidence on all H1b cases filed on April 1, 2009. The RFEs received by us and practitioners across the country so far appear to only request that the single page of the I-129 Data Collection sheet be sent with the TARP question answered.
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
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solaris27
01-29 09:17 AM
You can't use both .
If you use EAD then h1b will be invaild.
You can ask second employer to apply for part time h1b visa.
If you use EAD then h1b will be invaild.
You can ask second employer to apply for part time h1b visa.
saketh555
10-09 09:59 AM
Victim of bodyshopper?? Never say that dude, are you forced to join? Its your choice when there is no other choice or hope. A so called bodyshopper is your last resort before packing your bags when you are thrown out. All the bodyshoppers are same it may IBM or a desi company.
After lay off in 01, i joined a desi firm and i'm happy with my employer.
After lay off in 01, i joined a desi firm and i'm happy with my employer.
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rajenk
07-30 12:50 PM
What happens when old I-140 is cancelled by prior sponsor. Should the beneficiary still be eligibile to port his/her priority date based on the old approved I-140 (which is now cancelled ) ?
Still the PD is yours to keep. The only time I-140 will get invalidated even for PD porting is when USCIS found fraud in that filing.
Still the PD is yours to keep. The only time I-140 will get invalidated even for PD porting is when USCIS found fraud in that filing.
more...
abcdefgh
12-15 02:48 PM
I believe CGFNS is for foreign nationals who train outside the US. If you train here, I don't think you need it.
Well, when I talked to lawyer, even though he knew I have degree and Nclex from US, he asked me to get CGFNS visa screen.
Does this makes sense?
Thanks for you answer.
Well, when I talked to lawyer, even though he knew I have degree and Nclex from US, he asked me to get CGFNS visa screen.
Does this makes sense?
Thanks for you answer.
irinaal
01-23 05:58 PM
Does anybody have idea or experience how long it takes for USCIS to make desicion about I-485 expedition (pending for 2.8 years now)?
My hospital sent expedition request to TSC about 3 months ago, there is no replay yet.
I'll appreciate any advice/information.
My hospital sent expedition request to TSC about 3 months ago, there is no replay yet.
I'll appreciate any advice/information.
more...
immigrationvoice1
02-07 04:27 PM
This requirement has been waived in Nov 2007. Please search Murthy.Com or USCIS.Gov for the memo.
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gc_buddy
06-06 12:30 AM
It appears like USCIS is finally reviewing the option of issuing Multi-Year EAD's..
Please see Memo release from USCIS
Source :
http://www.immigration-law.com/
1.
Question: During a recent meeting, USCIS stated that it hoped this summer to introduce multi-year EADs for I-485 applicants whose cases were backlogged. Please provide more information about the types of applicants that would be eligible for such EADs?
2.
Response: A proposal is currently under review by USCIS program offices to issue a multi-year employment authorization document to those applicants affected by visa retrogression. If this proposal is adopted, it will apply to adjustment of status applicants.
3.
Question: Please explain what USCIS means in this context by the term �backlogged� � does it refer only to cases pending more than a certain number of months where applicants are filing for renewal EADs?
Response: USCIS is considering issuing multi-year EADs to those applicants affected by visa retrogression. Further information will be provided once a final decision is made.
4.
Question: Will I-485 applicants receive an initial EAD that is valid for more than one year? Does this apply to all I-485 applicants (family-based and employment-based)?
Response: Further information will be provided once a final decision is made
Please see Memo release from USCIS
Source :
http://www.immigration-law.com/
1.
Question: During a recent meeting, USCIS stated that it hoped this summer to introduce multi-year EADs for I-485 applicants whose cases were backlogged. Please provide more information about the types of applicants that would be eligible for such EADs?
2.
Response: A proposal is currently under review by USCIS program offices to issue a multi-year employment authorization document to those applicants affected by visa retrogression. If this proposal is adopted, it will apply to adjustment of status applicants.
3.
Question: Please explain what USCIS means in this context by the term �backlogged� � does it refer only to cases pending more than a certain number of months where applicants are filing for renewal EADs?
Response: USCIS is considering issuing multi-year EADs to those applicants affected by visa retrogression. Further information will be provided once a final decision is made.
4.
Question: Will I-485 applicants receive an initial EAD that is valid for more than one year? Does this apply to all I-485 applicants (family-based and employment-based)?
Response: Further information will be provided once a final decision is made
more...
raysaikat
01-24 04:03 PM
Hi glus,
Thanks for the reply can you or someone clarigy this,
What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.
Thanks
Your VISA status should be determined by the I-94 you got last. Which one is it?
Thanks for the reply can you or someone clarigy this,
What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.
Thanks
Your VISA status should be determined by the I-94 you got last. Which one is it?
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h1b6years
04-28 07:08 PM
Assuming you meet the requirements for E visa status as an employee and not an owner of the company, this is a viable strategy.
Thank you for your prompt reply. I'm not the owner of the Company. I just whished I didn't have to leave the Country to get another Visa.
Thank you for your prompt reply. I'm not the owner of the Company. I just whished I didn't have to leave the Country to get another Visa.
more...
xela
04-06 05:34 PM
I have 2 questions:
While i did apply for my green card i never applied for the EAD since i thought my job was realtively safe. Now if i do get laid off since i am still on H1B what consequences does this have and can i switch to EAD without being illegal?
secondly i was raped a while back while on a trip for work in the us. I still suffer from PTST and other things because of this, is there any help withregard to my legal status?
I know there is some humanitarian things at uscis would those apply to me and can i make use of those?
Thanks!
While i did apply for my green card i never applied for the EAD since i thought my job was realtively safe. Now if i do get laid off since i am still on H1B what consequences does this have and can i switch to EAD without being illegal?
secondly i was raped a while back while on a trip for work in the us. I still suffer from PTST and other things because of this, is there any help withregard to my legal status?
I know there is some humanitarian things at uscis would those apply to me and can i make use of those?
Thanks!
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lucas92
05-04 07:04 PM
it appears like a farm and a tree. I think it is cool
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raj2007
05-07 08:49 PM
Hi,
My friend is facing same type of issue. He entered the US with company A with visa expiring in Jul 2006.
In Nov. 2005 he moved to company B and his I-94 was extened till Oct. 2007 (New h1 expiry date). He went to India in Dec. 2006 and entered with old visa stamp. He got new I-94 with old date i.e. Jul 2006.
Now he wants to extend his H1 and I-94 is expired. Will this create any issue? Hase anybody faced this type of issue before? All replies will be appreciated.
Thanks in advance.
My friend is facing same type of issue. He entered the US with company A with visa expiring in Jul 2006.
In Nov. 2005 he moved to company B and his I-94 was extened till Oct. 2007 (New h1 expiry date). He went to India in Dec. 2006 and entered with old visa stamp. He got new I-94 with old date i.e. Jul 2006.
Now he wants to extend his H1 and I-94 is expired. Will this create any issue? Hase anybody faced this type of issue before? All replies will be appreciated.
Thanks in advance.
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shx
01-29 07:02 PM
You should only disclose class B misdemeanors and up. I would think that your citations are class C misdemeanors, which are same as traffic violations. I don't think you are required to disclose those, unless you got arrested, taken to court, etc. Just my opinion.
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Libra
09-15 10:26 PM
And there are last mintue deals, 160 round trip, and get a free accomodation by contacting IV. Just one day, take time off work and make up those hours by working 10 hours/day. It's easy guys, com on now.
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pritesh80
02-14 08:47 AM
Hello,
I have a H1B visa stamped on my passport for Company A. This visa is valid till Nov 2008 and will need renewal after that.
I recently changed my company from Company A to Company B. They have filed for my H1B transfer.
Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
Thanks in Advance for your answers.
I have a H1B visa stamped on my passport for Company A. This visa is valid till Nov 2008 and will need renewal after that.
I recently changed my company from Company A to Company B. They have filed for my H1B transfer.
Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
Thanks in Advance for your answers.
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vselvam
10-29 02:17 PM
H1-B Extension after 6 years.
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
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reachinus
07-21 12:14 PM
If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.
thanks for ur reply.
thanks for ur reply.
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tricolor
06-20 07:46 PM
Hi Buddy,
Put your address in 485 apps. You may at some point want to change the employer under AC21 rule and this will allow you to 'carry' the 485 process with you. Basically you own 485 process whereas it's not the case with labor and I-140.
HTH
Put your address in 485 apps. You may at some point want to change the employer under AC21 rule and this will allow you to 'carry' the 485 process with you. Basically you own 485 process whereas it's not the case with labor and I-140.
HTH
santa123
06-14 11:21 PM
Mine got approved in about 2 months time. My labor certificate reached the lawyer who passed it on to my employer.
I did a big mistake of not asking for a copy and again when I received it while filing I140 - did not make a copy again.
Please save a copy for yourself - it helps a lot while switching jobs during AC21.
Hope this helps.
Thanks. But how long did it take to get the physical copy after the online approval / approval mail from DOL.
I assume, you would have signed the labor before applying for I140.
Pls clarify.
I did a big mistake of not asking for a copy and again when I received it while filing I140 - did not make a copy again.
Please save a copy for yourself - it helps a lot while switching jobs during AC21.
Hope this helps.
Thanks. But how long did it take to get the physical copy after the online approval / approval mail from DOL.
I assume, you would have signed the labor before applying for I140.
Pls clarify.
nrmarrivada9
03-29 02:14 PM
Here is the contextual description of my scenario:
I worked in a motel (while i was on F1) during the year 2007 and that salary was reflected on my W2. I maintained a clean work status after the initial transgression. I changed to H1B in the year 2008. My GC process was initiated and my application cleared the PERM and I-140 stages successfully.
My question is, will i face any hurdles during the I-485 stage because of the mistake that i committed while i was on F1 ((worked in a motel illegally)? If yes, how serious/low profile could the implications be?
Your advise is much appreciated.
Thanks
MR
I worked in a motel (while i was on F1) during the year 2007 and that salary was reflected on my W2. I maintained a clean work status after the initial transgression. I changed to H1B in the year 2008. My GC process was initiated and my application cleared the PERM and I-140 stages successfully.
My question is, will i face any hurdles during the I-485 stage because of the mistake that i committed while i was on F1 ((worked in a motel illegally)? If yes, how serious/low profile could the implications be?
Your advise is much appreciated.
Thanks
MR
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