ilikekilo
09-18 06:02 PM
hey thanks for your response, i appreciate it
where di u file? and did u efile?
where di u file? and did u efile?
wallpaper Newt Gingrich#39;s Fundraising
ilikekilo
07-25 01:29 PM
Hello,
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
hopefulgc
09-16 10:22 PM
Please don't lose heart.. hang in there.
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
2011 Gingrich questions American
dontcareanymore
08-05 12:39 PM
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??
more...
when
12-06 01:21 PM
Thank You crystal
kinvin
05-08 02:50 PM
A bidding war makes for �crazy� salaries across Asia
By Sundeep Tucker
Published: May 6 2007 19:15 | Last updated: May 6 2007 19:15
A combination of strong economic growth, corporate ambition and a limited pool of managers and specialists has plunged Asian companies into a battle for top talent, from casinos in Macau gearing up for business to boom towns in resource-rich western Australia desperate to attract mining engineers.
Salaries for top performers are being bid up to unheard of levels. Even Indian software engineers in Silicon Valley are returning home attracted by high ex-pat salary packages and senior positions, as are Chinese and Japanese-born bankers working in London and New York.
Damien Chunilal, Merrill�s Lynch�s Pacific Rim chief operating officer, says: �The success of Asia�s economies has in some areas increased the pool of available talent. Emigrants are prepared to return home to fill positions that five years ago would not have attracted them. It�s a tighter market, but our overall hiring universe is bigger.�
Which companies win this war for talent will go a long way to deciding which will succeed in the Asia Pacific region.
The consensus is that recruiting and retaining skilled workers in Asia is harder and more expensive than ever. Headhunters warn that the inability to fill key positions with qualified people, mostly at senior level, is denting the regional expansion plans of many companies.
The struggle to hire qualified staff is most acute in financial services, a sector whose fortunes are closely correlated with the level of growth. Demand for consumer banking in India and China is soaring and investment banks are adding personnel to service the region�s emerging acquisitive corporations.
In addition, private equity firms and hedge funds have mushroomed over the past year, pinching scores of the region�s top investment bankers along the way, while the region�s newly-minted millionaires are demanding world-class wealth management services.
The boom in financial services is also having knock-on effects in connected support industries such as accounting, law and public relations.
A key problem for recruitment is the lack of fungibility of personnel across the different markets of the region, with its varied cultural, political and linguistic traditions. Headhunter Kevin Gibson, managing director of Robert Walters Japan, says: �You can relocate a Mexican to Argentina or an American to the UK. But you can�t move a senior manager from China to Japan unless they speak the language and enjoy the culture.�
One senior Hong Kong-based executive for a global investment bank describes the situation as �crazy�. He said: �Banks are short of good staff all over the world but Asia is the hottest place by far. I have 28-year-olds coming into my office telling me that they are resigning because they have been offered a $1m job.� The executive blamed the wage inflation on a combination of factors, including new entrants who pay huge premiums to attract staff, the growth and expansion of hedge funds and private equity firms and the expansion plans of existing players. �It all means that there are too many potential employers chasing too few people,� he says.
As well as drawing from the well of investment banks, private equity firms expanding in Asia have started to adopt US and European practice by luring senior industry executives. In recent weeks Carlyle Group of the US has poached the regional heads of Coca-Cola and Delphi to oversee the firm�s future investments across the consumer and industrial sectors respectively.
The frenzy is thought to have prompted the Singapore government to broker an informal non-poaching agreement that effectively protects two local banks, DBS and OCBC, from aggressive foreign rivals.
In China, analysts describe the talent shortage as �acute�. Steve Mullinjer, head of Heidrick & Struggles China practice, says: �There is a paradox of shortage among the plenty.� He believes that China requires 75,000 quality people to fill senior vacancies at multinationals and expanding domestic companies � but can only supply around 5,000 candidates with suitable experience.
Wage inflation is running so hot that a locally-born general manager for a multinational can earn 20 per cent more than a counterpart in the US �with only 75 per cent of the skills set�, he says. �The reality is that executives in China are getting over-titled and overpaid. Underperformers who leave often resurface in jobs earning double the salary.�
The talent shortage is also keenly felt in India, especially in the financial services and information technology sectors.
Business is growing so fast that the industry�s lobby group has estimated that the Indian IT sector faces a shortfall of 500,000 professionals by 2010 that threatens the country�s dominance of global offshore IT services.
Blue chip IT companies are plundering the entire talent pool across industries, stealing civil engineers and graduates from other disciplines and turning them into software engineers. This has left acute shortages in industries such as construction.
Azim Premji, founder chairman of India�s Wipro, one of the world�s leading IT companies, says: �The multinationals are going berserk and are unnecessarily paying premiums to fill the positions.�
The effect on pay rates has been predictable. According to Hewitt Associates, the consultancy, average salary increases in India are running at more than 14 per cent a year, compared with around 8 per cent in China and slightly less in South Korea and the Philippines.
Dinesh Mirchandani, managing director of the India practice of Boyden, a global search firm, said that the annual salary for the typical chief executive of a mid-cap multinational in India, with just $100m sales, has doubled in the past five years to $250,000. He says: �At senior levels, the pay gap between those based in India and those elsewhere has narrowed dramatically. I even have an Indian national chief operating officer in a multinational here who is earning more than his Dubai-based boss.� Mr Mirchandani cites BP, Citibank and PepsiCo as multinationals that have prospered because they recruited and retained staff successfully by introducing favourable human resource policies.
The recruitment market in Japan has tended to march to its own beat. However, the country�s economic recovery has created bottlenecks in sectors such as financial services, retail and pharmaceutical, while sectors such as precision engineering have been boosted by insatiable demand from China for their products. The talent war even has its plus points. One US investment banking executive working in Asia says that the situation has made it easier to get rid of underpeforming staff.
He says: �In the past the worker might have been sacked. Nowadays we tell that worker to go and quietly solicit offers in the marketplace. They usually do so quickly, and can get a higher salary from a hedge fund or private equity firm. That way, nobody�s reputation gets sullied.�
Copyright The Financial Times Limited 2007
By Sundeep Tucker
Published: May 6 2007 19:15 | Last updated: May 6 2007 19:15
A combination of strong economic growth, corporate ambition and a limited pool of managers and specialists has plunged Asian companies into a battle for top talent, from casinos in Macau gearing up for business to boom towns in resource-rich western Australia desperate to attract mining engineers.
Salaries for top performers are being bid up to unheard of levels. Even Indian software engineers in Silicon Valley are returning home attracted by high ex-pat salary packages and senior positions, as are Chinese and Japanese-born bankers working in London and New York.
Damien Chunilal, Merrill�s Lynch�s Pacific Rim chief operating officer, says: �The success of Asia�s economies has in some areas increased the pool of available talent. Emigrants are prepared to return home to fill positions that five years ago would not have attracted them. It�s a tighter market, but our overall hiring universe is bigger.�
Which companies win this war for talent will go a long way to deciding which will succeed in the Asia Pacific region.
The consensus is that recruiting and retaining skilled workers in Asia is harder and more expensive than ever. Headhunters warn that the inability to fill key positions with qualified people, mostly at senior level, is denting the regional expansion plans of many companies.
The struggle to hire qualified staff is most acute in financial services, a sector whose fortunes are closely correlated with the level of growth. Demand for consumer banking in India and China is soaring and investment banks are adding personnel to service the region�s emerging acquisitive corporations.
In addition, private equity firms and hedge funds have mushroomed over the past year, pinching scores of the region�s top investment bankers along the way, while the region�s newly-minted millionaires are demanding world-class wealth management services.
The boom in financial services is also having knock-on effects in connected support industries such as accounting, law and public relations.
A key problem for recruitment is the lack of fungibility of personnel across the different markets of the region, with its varied cultural, political and linguistic traditions. Headhunter Kevin Gibson, managing director of Robert Walters Japan, says: �You can relocate a Mexican to Argentina or an American to the UK. But you can�t move a senior manager from China to Japan unless they speak the language and enjoy the culture.�
One senior Hong Kong-based executive for a global investment bank describes the situation as �crazy�. He said: �Banks are short of good staff all over the world but Asia is the hottest place by far. I have 28-year-olds coming into my office telling me that they are resigning because they have been offered a $1m job.� The executive blamed the wage inflation on a combination of factors, including new entrants who pay huge premiums to attract staff, the growth and expansion of hedge funds and private equity firms and the expansion plans of existing players. �It all means that there are too many potential employers chasing too few people,� he says.
As well as drawing from the well of investment banks, private equity firms expanding in Asia have started to adopt US and European practice by luring senior industry executives. In recent weeks Carlyle Group of the US has poached the regional heads of Coca-Cola and Delphi to oversee the firm�s future investments across the consumer and industrial sectors respectively.
The frenzy is thought to have prompted the Singapore government to broker an informal non-poaching agreement that effectively protects two local banks, DBS and OCBC, from aggressive foreign rivals.
In China, analysts describe the talent shortage as �acute�. Steve Mullinjer, head of Heidrick & Struggles China practice, says: �There is a paradox of shortage among the plenty.� He believes that China requires 75,000 quality people to fill senior vacancies at multinationals and expanding domestic companies � but can only supply around 5,000 candidates with suitable experience.
Wage inflation is running so hot that a locally-born general manager for a multinational can earn 20 per cent more than a counterpart in the US �with only 75 per cent of the skills set�, he says. �The reality is that executives in China are getting over-titled and overpaid. Underperformers who leave often resurface in jobs earning double the salary.�
The talent shortage is also keenly felt in India, especially in the financial services and information technology sectors.
Business is growing so fast that the industry�s lobby group has estimated that the Indian IT sector faces a shortfall of 500,000 professionals by 2010 that threatens the country�s dominance of global offshore IT services.
Blue chip IT companies are plundering the entire talent pool across industries, stealing civil engineers and graduates from other disciplines and turning them into software engineers. This has left acute shortages in industries such as construction.
Azim Premji, founder chairman of India�s Wipro, one of the world�s leading IT companies, says: �The multinationals are going berserk and are unnecessarily paying premiums to fill the positions.�
The effect on pay rates has been predictable. According to Hewitt Associates, the consultancy, average salary increases in India are running at more than 14 per cent a year, compared with around 8 per cent in China and slightly less in South Korea and the Philippines.
Dinesh Mirchandani, managing director of the India practice of Boyden, a global search firm, said that the annual salary for the typical chief executive of a mid-cap multinational in India, with just $100m sales, has doubled in the past five years to $250,000. He says: �At senior levels, the pay gap between those based in India and those elsewhere has narrowed dramatically. I even have an Indian national chief operating officer in a multinational here who is earning more than his Dubai-based boss.� Mr Mirchandani cites BP, Citibank and PepsiCo as multinationals that have prospered because they recruited and retained staff successfully by introducing favourable human resource policies.
The recruitment market in Japan has tended to march to its own beat. However, the country�s economic recovery has created bottlenecks in sectors such as financial services, retail and pharmaceutical, while sectors such as precision engineering have been boosted by insatiable demand from China for their products. The talent war even has its plus points. One US investment banking executive working in Asia says that the situation has made it easier to get rid of underpeforming staff.
He says: �In the past the worker might have been sacked. Nowadays we tell that worker to go and quietly solicit offers in the marketplace. They usually do so quickly, and can get a higher salary from a hedge fund or private equity firm. That way, nobody�s reputation gets sullied.�
Copyright The Financial Times Limited 2007
more...
meridiani.planum
07-23 05:25 AM
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
IMO both are fairly decent places to work. I work in the bay area and Fremont is close by. Lots of tech companies here, so in general job market is ok. However cost of living is very high. Certainly more than pittsburg.
I think its a fairly close call, I would tend a bit towards the Fremont one only because I guess I am a bit biased to the bay area :)
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
IMO both are fairly decent places to work. I work in the bay area and Fremont is close by. Lots of tech companies here, so in general job market is ok. However cost of living is very high. Certainly more than pittsburg.
I think its a fairly close call, I would tend a bit towards the Fremont one only because I guess I am a bit biased to the bay area :)
2010 Newt Gingrich speaks at a
sportsguy131
07-31 02:34 PM
hey thx a lot for the info....but can she work in those 180 days?
more...
ritwik_ind
11-11 11:30 AM
Where are the winners posted? It's already 11th !
hair just waste money and time.
ramaonline
11-19 03:16 AM
F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485
more...
reverendflash
10-21 01:44 AM
thats what I mean...
nice... :P :P :P :P
I love negative space... :sleep:
Rev:elderly:
nice... :P :P :P :P
I love negative space... :sleep:
Rev:elderly:
hot Newt Gingrich#39;s Entire Staff
Stan09
07-17 11:35 AM
Anyhow, this is not the point. The point is - except but official fees employer MAY request reimbursement for H1B. My employer charges me with $4000 for h1B expenses (and those 1500 are not included into this amount). And I have not seen bodyshoppers stupid enough to include this provision into contract _without_ making special references as to which court and under which state law will be used to resolve possible conflicts. Bodyshoppers are very smart in everything that concerns money.
more...
house Newt Gingrich#39;s Charities
Ramba
09-26 05:07 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.
tattoo mark-z-person-of-the-year.jpg
milind70
07-26 01:04 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
more...
pictures Newt Gingrich, the former
Templarian
08-27 01:47 PM
I leave it up to one of you guys to make a non-animated :smh: smilie.
http://kirupa.templarian.com/smh.gif
http://kirupa.templarian.com/smh.gif
dresses newt gingrich images.
kart2007
10-13 07:48 PM
What if EAD and AP is lost in mail. Do I need to pay fee again for refiling?
if yes that sucks!!!!!!!
Unfortunately, yes, apply for a replacement EAD asap.
see this: http://immigrationvoice.org/forum/showthread.php?t=22004
if yes that sucks!!!!!!!
Unfortunately, yes, apply for a replacement EAD asap.
see this: http://immigrationvoice.org/forum/showthread.php?t=22004
more...
makeup 6-7 times a year.
Blog Feeds
08-06 08:10 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
girlfriend Apparently Newt took note of
pra945
12-18 01:59 PM
hello,
for me VO asked me to submit all documets that are listed in 221(g)
academics, LCA, all employer documets, Client letter, Pay stubs, etc
Thanks,
Praveen
for me VO asked me to submit all documets that are listed in 221(g)
academics, LCA, all employer documets, Client letter, Pay stubs, etc
Thanks,
Praveen
hairstyles Newt Gingrich intends to
superdude
07-17 10:42 PM
Do you know how long it will take to get GC from date of receipt of 485?
It is a long journey again. We have to wait and see. It depends on the native country also
It is a long journey again. We have to wait and see. It depends on the native country also
Tommy_S
03-08 02:35 AM
heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... you all should've kept your stuff under wraps until the end
Voted for mlkedave. I like the style.
Voted for mlkedave. I like the style.
hmehta
07-13 07:52 PM
All,
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
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