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.
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neeidd
07-31 05:42 PM
There is a Thread already opened by VDLRAO we can use that to honour him for his predictions and analysis on the visa number availability and EB -visas movement.
Can you tell us where that thread is?
Thanks
Can you tell us where that thread is?
Thanks
gauravster
06-05 07:13 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.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
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.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
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viper1400
03-13 02:05 PM
I got the LUD on the same date (Soft LUD) but didn't call to check on the status.
mine is at CSC.
mine is at CSC.
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willgetgc2005
05-01 10:34 AM
^^^^^ bumping up
Hourglass,
How responsive are they to our concerns. Are they accessible ?
Others, any experience, please share. If you are more comfortable send a PM.
I want to make the right decision. Thank You.
Hourglass,
How responsive are they to our concerns. Are they accessible ?
Others, any experience, please share. If you are more comfortable send a PM.
I want to make the right decision. Thank You.
number30
06-09 06:45 AM
My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011
No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011
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newtoh1
03-25 11:00 AM
Hi,
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
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Blog Feeds
07-13 12:48 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
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homers
04-01 03:05 PM
If they are staying on a resident or employment visa in UAE they have to apply at the US Embassy in Dubai. If they are on a visit visa in UAE, they have to apply at the appropriate US Consulate in India.
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NANO3
04-30 04:28 PM
thanks, appreciate the comments :party:
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xZeRo23
06-21 06:54 PM
What is that animal?! O.o
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r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I?m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I?m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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ssdtm
09-15 04:47 PM
He will have to file labor again.
Few things to note:
? It does not matter if he is PhD or not, what matters is that the job for which his company will be applying his Labor justifies a Masters or PhD. If he qualifies, then yes, go ahead and file a new labor.
? New labor is not as fast to get approved as was earlier. It is taking from anywhere 12-14 months now a days to get it approved. It is only after labor approval that you can port.
Few things to note:
? It does not matter if he is PhD or not, what matters is that the job for which his company will be applying his Labor justifies a Masters or PhD. If he qualifies, then yes, go ahead and file a new labor.
? New labor is not as fast to get approved as was earlier. It is taking from anywhere 12-14 months now a days to get it approved. It is only after labor approval that you can port.
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golgappa
11-17 04:59 PM
talk to some lawyers, or research internet, there are some number of days, after your visa expiry or H1B rejection that you need to pack and leave...find out if that applies to your case..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
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gccovet
10-31 08:59 AM
In my opinion,
Once a person starts working on EAD, his H1 status becomes void. I have read in forum that people still switch from EAD to H1, but I am not entirely sure on that one.
But here is what your friend need to do:
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent ? all you have to do is download following 4 google documents ? add the date, your name and address ? and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters ? these letters can be downloaded at the above URL?s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716
Once a person starts working on EAD, his H1 status becomes void. I have read in forum that people still switch from EAD to H1, but I am not entirely sure on that one.
But here is what your friend need to do:
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent ? all you have to do is download following 4 google documents ? add the date, your name and address ? and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters ? these letters can be downloaded at the above URL?s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716
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grupak
08-15 10:36 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.
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.
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lotsofspace
01-03 11:34 AM
Only 9 so far ? I had expected more !!!
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gcformeornot
04-09 01:35 PM
can be paid by employee....
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eagerr2i
10-07 09:18 AM
I looked hard at both the print and online but could not locate the WSJ article you are talking about. Do you have the URL?
intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
flash.stoffer
08-07 06:14 AM
Hi! :)
I just created a new stamp.. Hope you like it! ;)
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I just created a new stamp.. Hope you like it! ;)
http://img274.imageshack.us/img274/2769/heart3lq.gif
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