us_employee
08-24 02:36 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
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01-12 07:40 AM
AILA Leadership Has Just Posted the Following:
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
glus
01-04 02:07 PM
Hello,
First, your international student adviser, should have notified you that your I-20 was about to expire. This is what USCIS requires them to do. Actually the SEVIS system automatically notifies IS advisers about I-20 expiring. Now, having said that, no, you cannot work. You need to apply for reinstatement and wait until it gets approved. Reinstatement into F-1 are very difficult as you need to show that you fell out of status because of circumstances beyond your control. You will probably need to argue that your adviser had failed to notify you and that you kept attending school and it was only a few days of out of status.
First, your international student adviser, should have notified you that your I-20 was about to expire. This is what USCIS requires them to do. Actually the SEVIS system automatically notifies IS advisers about I-20 expiring. Now, having said that, no, you cannot work. You need to apply for reinstatement and wait until it gets approved. Reinstatement into F-1 are very difficult as you need to show that you fell out of status because of circumstances beyond your control. You will probably need to argue that your adviser had failed to notify you and that you kept attending school and it was only a few days of out of status.
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noida123
07-28 08:46 PM
It Depends on the type of security clearance. What is the type of clearance you applied for in your Dept and what agency do you work for and what type of work?
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
more...
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pooch
09-04 12:52 AM
I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.
chintu25
12-13 03:18 PM
:)
more...
aguy
08-03 04:15 PM
Hi,
My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?
Thanks.
My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?
Thanks.
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chanduv23
09-25 09:53 AM
If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature
more...
illusions
03-17 05:06 PM
but but you will still need to wait for 9+ months to get your new 140 approved right?
But would waiting an aprrox 9 months matter if the dates are current ? Else i see your point that it is another wait.... it all depends on the timing and a bit of luck i guess.
vinabath, i think you might be right about BS+5, all i have is BS+4. So if i wait for another 8~9 months, get 5 full years, move to EB2, then wait another 8~9 months for I140.... by that time i'll prolly be current in EB3 ROW (PD Jun 2006) :confused:
But would waiting an aprrox 9 months matter if the dates are current ? Else i see your point that it is another wait.... it all depends on the timing and a bit of luck i guess.
vinabath, i think you might be right about BS+5, all i have is BS+4. So if i wait for another 8~9 months, get 5 full years, move to EB2, then wait another 8~9 months for I140.... by that time i'll prolly be current in EB3 ROW (PD Jun 2006) :confused:
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transpass
03-29 12:36 PM
Hello,
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
more...
optimist578
04-20 03:11 PM
Hi,
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
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Becks
01-25 03:44 PM
You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
more...
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up_guy
04-09 11:50 AM
This is my understanding PERM has no fees to department of labour. Is that right ?
Can employee may attorney fees for PERM ?
Can employee pay I-140 fees for USCIS ?
Can employee pay I-140 fees to attorney ?
I assume that employee can surely pay for USCIS-485 fees and attorney fees for this. ?
Can employee may attorney fees for PERM ?
Can employee pay I-140 fees for USCIS ?
Can employee pay I-140 fees to attorney ?
I assume that employee can surely pay for USCIS-485 fees and attorney fees for this. ?
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nmdial
08-21 01:57 PM
Prashanthi,
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
more...
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moonrah
07-28 06:21 PM
Hello All,
Can someone please help if they can? This is an urgent matter .
Thanks in advance.
Can someone please help if they can? This is an urgent matter .
Thanks in advance.
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Carol
03-09 01:00 PM
I need to file for my tax refund now, but my employer is not sending me my W-2.
I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
I do not really understand how this works. Is her explanation reasonable?
What shall i do for my tax refund now?
I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
I do not really understand how this works. Is her explanation reasonable?
What shall i do for my tax refund now?
more...
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sidpri
08-13 03:25 PM
My wife has recently converted her H4 to F1 by applying for COS through I-539. We are yet to receive the approval notice by mail, but we have confirmed online through USCIS that its been approved.
The question is - at what date would she be deemed to be on F1, is it from the date of the F1 approval notice or is it the start date mentioned on I-20.
What is normally seen as the start date? Can some one who is on F1 respond ?
Thanks for your responses
Sid
The question is - at what date would she be deemed to be on F1, is it from the date of the F1 approval notice or is it the start date mentioned on I-20.
What is normally seen as the start date? Can some one who is on F1 respond ?
Thanks for your responses
Sid
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LondonTown
05-21 01:04 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
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sku123
12-01 12:20 PM
I have a troublesome situation for which I need some help and potentially some legal inputs:
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
peer123
12-05 06:48 AM
Hello friends,
Can any one who has used existing labor please comment of my question
Regards
Can any one who has used existing labor please comment of my question
Regards
kshitijnt
04-17 07:13 PM
Hello,
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
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