Wednesday, June 8, 2011

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  • gg_ny
    10-20 07:31 AM
    You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.

    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.





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  • srarao
    08-18 12:01 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.





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  • Ramba
    08-20 06:52 PM
    As she yet to file 485, it is important for her to keep the valid non-immigrant status till she files AOS. Yes, she can go for F1, if you plan to use EAD and abandon your non-immigrant status. Unless your H1 transfer is approved, her H4 will not get extended. Therfore don't worry about the extension. File F1 ASAP,





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  • Hinglish
    06-13 12:22 PM
    Not to derail this discussion ...but the post below is classic hinglish !! :D

    When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.

    Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.

    Try simple question - name check is cleared or not?



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  • achu
    08-27 06:18 PM
    hello,

    dmv need USCIS issued photo identification in order to renew or change your DL. first they check if you have a valid visa with photo, if not they ask for valid EAD. if you don't have these then you have to show the approval notice. but the biggest problem with this is it take 3 to 5 months to process DL. hope this help.

    achu.





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  • bugmenot
    12-05 02:48 PM
    i think neither will increase, the economy is belly up

    though i feel lots of h1bs will go unused coz of lack of jobs to fill em up

    2010 is when maybe this might happen



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  • GotGoose?
    04-28 10:41 PM
    Added another stamp based on my other stamp's gradient theme.





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  • theoyilma
    09-10 03:03 PM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo



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  • jsb
    12-31 11:31 AM
    Once again Thanks, Bestin.

    I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.

    I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.

    I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?

    Why you need to keep your EAD current? If you are working on H1, you don't even need an EAD, and don't even need to renew it. You can reapply when you are about to go out of your H1. If your wife wants to work, then, of course, both of you have to be on EAD.





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  • PD_Dec2002
    07-13 01:42 PM
    I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11

    Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.

    So let me summarize this so I understand well.

    Your wife started work only in June 2007. But you wanted to show USCIS that your wife was actually working from Jan 2007. So you asked her employer to give pay stubs for Jan - May 2007. The employer did that (and I am guessing) without really paying you for those months. And you paid taxes (Federal and State) and SS and Medicare for those months in July.

    So USCIS and IRS will both think that your wife has been working since Jan 2007 when in reality she started only in June 2007.

    Thanks,
    Jayant



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  • parimmigv
    10-07 10:49 PM
    Hello:
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.

    Thanks,





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  • factoryman
    06-14 05:57 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.



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  • gcseeker2002
    11-05 01:01 PM
    Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
    ^^^ bump ^^^





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  • martinvisalaw
    08-17 07:22 PM
    It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL) regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)

    As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..

    The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.



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  • guy03062
    07-17 12:42 AM
    kudos to ImmigrationVoice's core team and its members, especially flower campaign and San Jose rally. Apart from Congresswoman Lofgren, IV is the one who really added immense pressure on Govt by their root level activites.





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  • krustycat
    10-31 03:03 PM
    Still the same, they are telling me the same story.
    Wait, wait and wait. That's all.



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  • wandmaker
    02-12 06:44 PM
    Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.

    You can work upto 240 days after your H1 expiry date while your H1B is pending. To continue working from 241st day, you would need EAD otherwise stop working until the decision is made on H1B.





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  • starscream
    01-13 12:40 PM
    Hi oaktree,

    My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.

    My company's lawyers were certain that the denial was in error and hence they filed MTR.


    Is there anyway of taking advantage of the old priority date application that was denied with a new application.
    If you make a new PERM application you cannot use your old priority date.

    Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.

    I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.


    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...





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  • pitha
    03-28 11:23 PM
    I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.

    dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.

    I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.

    I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.

    I read your response, it was good and I signed up as well. I will post my response refuting anti h1 rhetoric.

    On a separate note Logiclife response was spot on and I hope IV will follow in the footsteps of dailykos in dealing with the nonsense mongers.

    I will take this opportunity to bring some anti-h1 rhetoric and h1 bashing that happens in our very own IV site!!!!!!!. I don’t want to name the individual who specializes in h1 bashing, so as not to make it a personal attack on that individual. A few days ago I posted a message on one of the threads in IV saying day by day reading some responses on h1 bashing makes me feel like I am on an anti-immigrant website rather than a website fighting for legal eb immigrants.

    It feels sad and disheartening to see some members attacking h1 when they themselves are on h1. By attacking h1 they are attacking the very movement and people that IV is trying to help. Sure there are some abuses on h1 but lets not attack h1 like anti immigrants. Let’s fight the people outside who attack h1 and this community but let’s also clean our own house as well and not parrot the same anti h1 rhetoric in IV forum.





    sweet23guyin
    05-05 01:59 PM
    Sent you a private message...

    I'm currently on h1b, with PERM approved and I-140 filing in progress.

    At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?

    I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?





    mchundi
    12-17 10:54 PM
    Can any senior Guy/Guru confirm this...

    "USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
    I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.



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