topgun_gc
07-11 11:01 AM
A similar statement is mentioned on immigration-law.com.. not sure the validity, but sounds interesting.:)
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kirupa
04-29 02:46 PM
They are all really good. I added all of them except the 4th one on the first set and the 2nd one on your second set :)
Blog Feeds
01-20 07:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
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Overstay
05-16 08:11 AM
USCIS - Change of Address Information (http://www.uscis.gov/addresschange)
Penalties for Failure to Comply
A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA � 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.
Penalties for Failure to Comply
A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA � 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.
more...
Blog Feeds
08-12 09:50 AM
I usually spend some time every day at my San Francisco Bay Area immigration law office making inquires on pending cases. It is a frustrating process because I rarely receive answers and when I do, they usually are not helpful.
United States Citizenship and Immigration Services ("USCIS") has recently released guidance on how to make inquiries at their Service Centers (http://www.californiaimmigrationlawyerblog.com/USCIS%20update.pdf). They provide a three step process. The first step is to call their National Customer Service Center at 1-800-375-5283. If the issue is not resolved in 30 days, you proceed on to the next step which is to email the USCIS Service Center where your case is pending. The email addresses are:
California Service Center csc-ncsc-followup@dhs.gov Vermont Service Center vsc.ncscfollowup@dhs.gov Nebraska Service Center ncscfollowup.nsc@dhs.gov Texas Service Center tsc.ncscfollowup@dhs.gov (tsc.ncsfollowup@dhs.gov)
If there is no response to the email, you proceed to the last step which is to notify the USCIS Headquarters office of Service Center Operations by email at SCOPSSCATA@dhs.gov. The notice indicates that you will receive a response from this email within ten days.
It remains to be seen whether this system actually works. I will try it out in a few cases and will report back what happens.
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/how_to_make_inquiries_for_immi_1.html)
United States Citizenship and Immigration Services ("USCIS") has recently released guidance on how to make inquiries at their Service Centers (http://www.californiaimmigrationlawyerblog.com/USCIS%20update.pdf). They provide a three step process. The first step is to call their National Customer Service Center at 1-800-375-5283. If the issue is not resolved in 30 days, you proceed on to the next step which is to email the USCIS Service Center where your case is pending. The email addresses are:
California Service Center csc-ncsc-followup@dhs.gov Vermont Service Center vsc.ncscfollowup@dhs.gov Nebraska Service Center ncscfollowup.nsc@dhs.gov Texas Service Center tsc.ncscfollowup@dhs.gov (tsc.ncsfollowup@dhs.gov)
If there is no response to the email, you proceed to the last step which is to notify the USCIS Headquarters office of Service Center Operations by email at SCOPSSCATA@dhs.gov. The notice indicates that you will receive a response from this email within ten days.
It remains to be seen whether this system actually works. I will try it out in a few cases and will report back what happens.
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/how_to_make_inquiries_for_immi_1.html)
chantu
05-07 09:48 AM
Perfectly fine. I did the same and no issues. Also for W-2, Tax returns, PP submit photo copies.
Hello All,
For the Visitors Visa(for parents), can a photocopy of Pay-check's be sufficient. Since the last few pay-rolls, my employer is giving everybody a photocopy of the Pay-check from Pay-chex Inc.To reduce costs of printing and mailing the Pay-checks, My employer is asking Pay-chex Inc to email the Bi-weekly pay-rolls of everybody.
Wondering if the US Embassy in India would create an issue by not bringing the original Pay-stubs.
Thanks!!
Hello All,
For the Visitors Visa(for parents), can a photocopy of Pay-check's be sufficient. Since the last few pay-rolls, my employer is giving everybody a photocopy of the Pay-check from Pay-chex Inc.To reduce costs of printing and mailing the Pay-checks, My employer is asking Pay-chex Inc to email the Bi-weekly pay-rolls of everybody.
Wondering if the US Embassy in India would create an issue by not bringing the original Pay-stubs.
Thanks!!
more...
gcwait2007
03-03 04:40 PM
In my employer company (NJ based, desi consulting company) about 50% of the EB-2 PERM applications are under audit.
I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)
The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.
Does any one have any info about PERM change process? Please advise. Thanks in advance.
I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)
The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.
Does any one have any info about PERM change process? Please advise. Thanks in advance.
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ivuser9
02-02 05:24 PM
I am on AOS and currently working on my EAD. If I lose the job and employer terminates the health insurance, then will I qualify for the COBRA coverage or is it strictly for the Greencard/citizens? Any info is greatly helpful.
Thanks
IVUSer
Thanks
IVUSer
more...
strafforddude
12-15 01:41 PM
Hi Cooler,
Thank you for your response. Company B is not willing to sponsor H1B.
Lets say if campany A keeps paying me (runs my payroll with salary specified on my H1 petition) Will that keep my H1b alive and active when i work on EAD for company B ? ( Did i get that right )
Will USCIS know that i have switched jobs in between ?
What does IMHO mean ?
Thank you for your help
Thank you for your response. Company B is not willing to sponsor H1B.
Lets say if campany A keeps paying me (runs my payroll with salary specified on my H1 petition) Will that keep my H1b alive and active when i work on EAD for company B ? ( Did i get that right )
Will USCIS know that i have switched jobs in between ?
What does IMHO mean ?
Thank you for your help
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REEF�
01-24 07:30 PM
[I think you should post an example ;)]
more...
niklshah
09-23 07:45 PM
this looks only for family class is there anything for poor EB class?
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fromnaija
07-12 01:46 PM
You can use either the current edition of 06/05/2008 since that's the version on USCIS web site or use the older version until July 31, 2008. From August 1, 2008 you MUST use the 06/05/08 edition only. I am sure your doctor will have the older edition.
more...
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ebizash
05-12 09:11 AM
Yes. I have been getting this message when I login from work as well as home computer. I generally check my EAD application status once every 2-3 days and yet USCIS thinks that is an "excessive" use. I am pretty sure they have some issue with the website.
It was reported to us that your computer or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. If you feel this has occurred incorrectly, please contact the Customer Service Center for assistance at 1.800.375.5283.
It was reported to us that your computer or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. If you feel this has occurred incorrectly, please contact the Customer Service Center for assistance at 1.800.375.5283.
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mix
07-13 09:47 PM
Can you please help me figure out how to calculate the eligibility for citizenship. If one married a US citizen. Obtained conditional residency, the temporary green card, then forgot to apply to remove conditions. So re-applied for green card, and was granted. The parties have been married 5 years. Will the initial 2 years spent as a conditional resident count towards the 3 years for the citizenship? Again, I want to stress out that after the initial 2 years in conditional permanent residency, forgot to remove conditions, and a new application for green card was needed. However this time the permanent green card was given. Or will she have to wait another 3 years from now on with the permanent green card until applying for the citizenship?
I appreciate any help.
I appreciate any help.
more...
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RadioactveChimp
05-09 07:54 PM
forget it...
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milind70
07-08 05:49 PM
I'm getting a visa stamping date in Kolkata embassy but I'm from New Delhi. I dont want to take a chance and wait till the dates in New Delhi embassy are available. Can I schedule interview in Kolkata and later when dates become available in New Delhi change it ? I mean can I change the venue of my appointment ?
Thanks,
Ashish
I was in a similar situation last year.I had stamped my intial H1 stamps from Mumbai and Chennai. Last year in June i booked my appointment with New Delhi Embassy for stamping in Sept end when i was to be in India. i think appointments were a major issue at that point of time. Returning workers can apply for visa stamp at any consulate/embassy .
Thanks,
Ashish
I was in a similar situation last year.I had stamped my intial H1 stamps from Mumbai and Chennai. Last year in June i booked my appointment with New Delhi Embassy for stamping in Sept end when i was to be in India. i think appointments were a major issue at that point of time. Returning workers can apply for visa stamp at any consulate/embassy .
more...
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pan123
09-18 11:11 PM
Hi,
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
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lelica32
08-09 01:00 PM
My Lawyer said that the Premium Processing for I-140 will be again available from 08/16/2007, he said he knows that 100%. Did someone have some information about this ??. Can this be true??
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pappu
06-01 01:01 PM
pls post in webfax thread if you have any comments about it. If you want to ask questions to Core, dont start new threads . PM us.
At this time we want everyone to take part in the webfax campaign currently running. It may change next week.
Again, DO NOT ASK for updates. No updates will be given even on PMs or emails. If Core wishes to give update on a public forum or want to make an information public, we will do it on the website.
-Admin
At this time we want everyone to take part in the webfax campaign currently running. It may change next week.
Again, DO NOT ASK for updates. No updates will be given even on PMs or emails. If Core wishes to give update on a public forum or want to make an information public, we will do it on the website.
-Admin
kumarr
02-15 08:16 PM
Hi Everyone,
I am on H1B with Labor approved about 2.8 years ago and I-140 approved for over a year ago.
I am July2007 fiasco filer of Indian origin.....in US for a some 13 years and I am Canadian citizen.
I have almost 2.5 years of H1B still left from my 3 year H1B extension.
I had EAD before but never used it, so my employer has not renewed it.
I am currently working on H1B.
I understand I am not allowed to work in my own business while on H1B, but I can have profit or loss from it......so it doesn't make sense to start a consulting business while on H1B in my opinion (correct me if I m wrong btw).
Starting a Consulting Business on EAD:
Now I want to start a consulting business in the same/similar field of my current job for which my greencard was applied and is still pending.
Please help me with the following:
Q1: Can I start the this consulting business while on EAD? Is LLC the best option?
Q2: Will it be then job portability from my current job to this new job in my company using AC21?
Q3: What conditions do I need to fulfill for working in my own company to keep my greencard alive?
Q4: What evidence do I need to keep handy to show USCIS if asked?
Q5: Am I supposed to inform USCIS when I do this job chnage?
Q6: Are there any minimum revenue requirements or do I have to pay myself same or more salary than my current job?
Q7: What if my business does not take off quickly and I can not pay myself same salary like my current job?
Q8: Can I apply EAD myself or I need my current employer to do so? I have the old expired EAD card that I never used.
Q9: I also don't have my job description from my labor certification. Is there a way for me to get it directly from USCIS?
Please advise. I thank you very much to help me out with this.....I know these are quite a few questions but I really need your help.
Thank you for your time and help.
Regards,
I am on H1B with Labor approved about 2.8 years ago and I-140 approved for over a year ago.
I am July2007 fiasco filer of Indian origin.....in US for a some 13 years and I am Canadian citizen.
I have almost 2.5 years of H1B still left from my 3 year H1B extension.
I had EAD before but never used it, so my employer has not renewed it.
I am currently working on H1B.
I understand I am not allowed to work in my own business while on H1B, but I can have profit or loss from it......so it doesn't make sense to start a consulting business while on H1B in my opinion (correct me if I m wrong btw).
Starting a Consulting Business on EAD:
Now I want to start a consulting business in the same/similar field of my current job for which my greencard was applied and is still pending.
Please help me with the following:
Q1: Can I start the this consulting business while on EAD? Is LLC the best option?
Q2: Will it be then job portability from my current job to this new job in my company using AC21?
Q3: What conditions do I need to fulfill for working in my own company to keep my greencard alive?
Q4: What evidence do I need to keep handy to show USCIS if asked?
Q5: Am I supposed to inform USCIS when I do this job chnage?
Q6: Are there any minimum revenue requirements or do I have to pay myself same or more salary than my current job?
Q7: What if my business does not take off quickly and I can not pay myself same salary like my current job?
Q8: Can I apply EAD myself or I need my current employer to do so? I have the old expired EAD card that I never used.
Q9: I also don't have my job description from my labor certification. Is there a way for me to get it directly from USCIS?
Please advise. I thank you very much to help me out with this.....I know these are quite a few questions but I really need your help.
Thank you for your time and help.
Regards,
misscoolu
07-29 01:34 PM
Hi..
I came to US on H4. My H1B got approved when i was in India. But I came through H4 only.
Now i want to change H4 to H1B. If i want to apply for change of status..do i need to go back to india(ot other countries) for stamping? Or can i get H1B staying here?
Please help..
I came to US on H4. My H1B got approved when i was in India. But I came through H4 only.
Now i want to change H4 to H1B. If i want to apply for change of status..do i need to go back to india(ot other countries) for stamping? Or can i get H1B staying here?
Please help..