swaroopmukka
07-24 05:50 PM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
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thomachan72
07-23 02:59 PM
No problem
Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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seahawks
09-22 03:28 PM
Hi,
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
more...
PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
ajay
07-19 11:07 AM
Use the format suggested by Solaris. I also got in the same format. Please fill in your company details.
more...
gcdreamer05
11-09 08:37 PM
Hello,
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.
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ya3
04-09 07:06 AM
ROFL! LOVE the IE+ads stamps :thumb::D
FF and TB one's look slick, too ;)
FF and TB one's look slick, too ;)
more...
snathan
04-16 04:01 PM
Back in 1982, when I left the INS to enter private practice, the number of H-1 visas was unlimited. All professionals, including registered nurses, were eligible for H-1 visas. Also, there was no maximum duration for H-1s. U.S. employers could petition for H-1 workers all year long, yet the program did not generate the amount of controversy that it does today. It was a market-based system which allowed U.S. employers to fill jobs in a global economy, plain and simple. The Immigration Act of 1990 ushered in the present era of government control of �H-1B� temporary visas. For the first...
More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)
Thanks a lot Mr.Shusterman. We need more people like you to make our voice heard.
More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)
Thanks a lot Mr.Shusterman. We need more people like you to make our voice heard.
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EB3_SEP04
08-18 10:29 PM
how we applied for expedite advance parole thru the phone - VisaJourney.com (http://www.visajourney.com/forums/index.php?showtopic=177190)
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
more...
rb_248
09-11 01:55 PM
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
Thank you. That is good to hear.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
Thank you. That is good to hear.
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Kapils573
09-02 12:28 PM
What is the phone number to contact the customer representative?
Pls guide.
Kapil
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
Pls guide.
Kapil
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
more...
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nat23
12-11 09:48 AM
I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
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cool4maverick
01-11 08:36 PM
It is really tough to get EB2 without work experience. Requiring a foreign langauge usually does not qualify for EB2 category automatically.
more...
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IWannaBeHowdy
11-14 01:57 PM
Thank you!! :)
By the way, I got my FP notice for 23-Nov, a day after Thanks Giving. It looks like the original place for which I got the FP notice seem to open on that day. Is it true for all centers? What I mean to say is if a ASC is open in one region on a very likely holiday, the other ASCs would not be closed on the same day just because its a smaller center, will they?
Since all ASCs are federal offices, so dates of closure and holidays should be same through out, shouldn't it? Unlike the post offices, some are open on Saturdays and some are not....you see where I am going with this?
By the way, I got my FP notice for 23-Nov, a day after Thanks Giving. It looks like the original place for which I got the FP notice seem to open on that day. Is it true for all centers? What I mean to say is if a ASC is open in one region on a very likely holiday, the other ASCs would not be closed on the same day just because its a smaller center, will they?
Since all ASCs are federal offices, so dates of closure and holidays should be same through out, shouldn't it? Unlike the post offices, some are open on Saturdays and some are not....you see where I am going with this?
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CHHAYA
01-15 08:14 AM
It took 8 months for the paper work,running ads etc.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
more...
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nlssubbu
11-29 11:38 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
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Leo07
06-08 08:12 PM
Hello There,
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
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fide_champ
09-15 03:59 PM
Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
how medical treatment is related to EB2? All you need is a good insurance.
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
how medical treatment is related to EB2? All you need is a good insurance.
milind70
10-02 02:54 PM
Sandeep ,
My wife applied Sept 2nd , she got it very quickly I would say less than week. I applied Sept 17th ,called them Sept 29th ,they said u should get it by this week end. Let me know whats the result of your visit. Looks like i may have to visit them if i dont get it till this weekend. PM me your result of your visit.
Thanks
My wife applied Sept 2nd , she got it very quickly I would say less than week. I applied Sept 17th ,called them Sept 29th ,they said u should get it by this week end. Let me know whats the result of your visit. Looks like i may have to visit them if i dont get it till this weekend. PM me your result of your visit.
Thanks
gsc999
03-14 11:56 PM
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
---
Thanks for taking the initiative. I just got your message. This is the right way to go.
Let me know if you need my support?
Cheers!
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
---
Thanks for taking the initiative. I just got your message. This is the right way to go.
Let me know if you need my support?
Cheers!
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