Wednesday, June 8, 2011

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  • getta05
    03-30 07:47 AM
    I am on L2 visa. You dont need to have to have a GC with L2?





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  • chapper
    07-23 06:59 PM
    Others can correct me, if I'm interpreting it wrong. A try...

    An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.

    It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations





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  • RNGC
    02-06 09:10 AM
    I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.

    I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.





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  • sathishav
    02-25 10:23 AM
    Guys,

    Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?

    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.



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  • redgreen
    06-06 04:20 PM
    Are you sure that one need not pay for EAD and AP after paying the higher fee once? Could you please tell me where did you see this information. It is mentioned at USCIS website that if you had paid the new fee for I-485, you don't have to pay a fee for EAD or AP, otherwise the fee for EAD is $340 and for AP it is $305.


    hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.





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  • kirupa
    09-11 10:31 PM
    Hmm interesting! I am completely swamped with other tasks right now, but I'll *try* to look at in greater detail shortly :)



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  • vandanaverdia
    10-26 01:17 PM
    bump





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  • eb2_mumbai
    10-09 04:23 PM
    Effectively copy paste of Oct bulletien. Not suprised but definately disappointed.



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  • whiteStallion
    03-03 05:48 PM
    There should not be more than 1 pay period delay after you leave your job to get your settlement cheque. This has nothing to do with him not getting paid from the client etc. According to H1B law, you(employee) need to get paid every month(by the employer), period. Client does not comes in the picture.
    You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.

    Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm

    Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
    US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)





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  • WillIBLucky
    06-20 08:48 AM
    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.
    Do they also take digital pics? I have already got photos taken from CVS...and they said its passport pics.......do I still need to take from AAA?



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  • lskreddy
    03-12 04:34 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    Would anyone know if there is a third valid case for H1 extension i.e.

    LC approved, I140 pending (just a month) but LC is less than 365 days old?

    My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?





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  • mallickarjunreddy
    07-05 04:43 PM
    labor Substitution ....Heloooo!!!!

    Hey its give and take rite , if he bought the labor and or abused the system
    it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank



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  • Maverick_2008
    02-14 03:59 PM
    A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
    B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)

    Gurus, please correct me, if I'm wrong.

    Thanks.

    Maverick




    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation





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  • nixstor
    10-25 06:08 PM
    I posted my comment about legal High Skilled immigration.

    See my comment #263

    I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.



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  • YesGC_NoGC
    12-07 07:52 PM
    Hi

    In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.

    For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.

    Hope this helps you make your decision.





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  • greencard2008
    06-11 09:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:



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  • waitnwatch
    12-13 11:01 AM
    and did anybody notice that the ICE is changing its track. They are now charging these folks of stealing ID's instead of the normal illegal charge. Ultimately this is opening up the way for local law-enforcement to charge people not on immigration violations but ID theft. This is pretty innovative and must have some political backing somewhere.





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  • lucha
    08-26 07:57 PM
    I have same question. can you do that without moving up ,My lawyer said no, I do not know how to go forward with this. My 2nd question is: My NIW was denied with some conditions , can I file again as I have completed those requirement.

    I have master from here and 20 years of experience . please any body help.





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  • skagitswimmer
    September 7th, 2006, 11:02 AM
    Kevin, I often use the technique of "developing" 3 or more images from a single raw file and then blend them using layer masks. For some reason, adobe's automated HDR doesn't work from such images though. It wants 3 real files shot at different exposures. I have no idea why.





    angelfire76
    04-01 03:29 PM
    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================


    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.





    desigirl
    12-02 09:38 AM
    What are chances of Dream Act?
    What are the chances of including our provisions in the bill?

    What happens if the bill passes without our provisions?
    What happens if the bill fails?

    WHAT ARE OUR CHANCES IN 2011?



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