ds37
07-16 10:50 AM
You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).
Thanks A lot Dealsnet.
DS
Thanks A lot Dealsnet.
DS
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skumar9
04-13 12:26 PM
So did you answer the RFE ? ....
rajenk
07-16 12:49 PM
Thanks a lot Raj.
One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.
Thanks again for answering so promptly.
CAH
Below are the documents that you need to get from your previous attorney/Employer.
1. Legible copy of your approved labor that you and your HR had signed.
2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"
3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.
That is all you need.
Make sure to transfer your H1-B to your new employer.
Good luck.
Raj:)
One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.
Thanks again for answering so promptly.
CAH
Below are the documents that you need to get from your previous attorney/Employer.
1. Legible copy of your approved labor that you and your HR had signed.
2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"
3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.
That is all you need.
Make sure to transfer your H1-B to your new employer.
Good luck.
Raj:)
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ca_immigrant
06-23 08:08 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Core, please help -:)
One other quick question, I had done a one time donation in the past, but my status does not say donor, does one time donation do that or you have to be recurring donor ?
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Core, please help -:)
One other quick question, I had done a one time donation in the past, but my status does not say donor, does one time donation do that or you have to be recurring donor ?
more...
bitu72
09-18 04:10 PM
email me at billrider321@yahoo.com as i do lot of it.
maacho
02-13 01:47 PM
H1B or not to Be is the question ?
join IV for the answers ;)
join IV for the answers ;)
more...
desi3933
06-26 12:35 AM
Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?
I highly appreciate your warm assistance.
NaturopathicPT
Please consult an attorney that deals with Employment and Contract law in your employer's state. Some things are legally binding and other are not. It depends on your agreement terms.
__________________
Not a legal advice
I highly appreciate your warm assistance.
NaturopathicPT
Please consult an attorney that deals with Employment and Contract law in your employer's state. Some things are legally binding and other are not. It depends on your agreement terms.
__________________
Not a legal advice
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ps57002
12-28 10:39 AM
Only God knows how they calculate what processing dates to put up. even their IO's are baffled. NBS shows I131/AP as 3 months now. Mine is way outside processing time now according to new processing times. So I called IO and she's like "now why did they post that, it's not even correct. I'm getting calls regarding that now since a.m.). She was nice though even though I offered she didn't have to do a SR as I'm not travelling anytime soon unless emergency comes up (i'm on EAD and so totally dependent now on AP in case of travel as have no valid H1b). She still put in a request for me. Nice IO. but fact is even their IO's are surprised by what they put in processing times.
more...
GlobalCitizen
07-27 10:31 AM
Thank you every one for your help. I have decided to apply!
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Blog Feeds
02-28 09:10 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
more...
amitjoey
10-23 02:05 PM
-------------------------------------
I'm sorry, few details.
Yes, the lawyer said that he will file to Nebraska.
One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
About the fees:
U.S. Government Fee: I-140- $475.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.
the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?
PD: Date when you filed your labor. Stays throughout untill 485 is adjudicated.
Untill you get GC.
Processing time of 140 is based on when you file it.
I-140 Should be filed with Lawyers help (My advice) since the intent is to show that the employer has the financial muscle to keep paying you and it is really the employers petition. I-485 is your application to adjust status, and a lot of people have done it on their own without lawyers help.
I'm sorry, few details.
Yes, the lawyer said that he will file to Nebraska.
One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
About the fees:
U.S. Government Fee: I-140- $475.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.
the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?
PD: Date when you filed your labor. Stays throughout untill 485 is adjudicated.
Untill you get GC.
Processing time of 140 is based on when you file it.
I-140 Should be filed with Lawyers help (My advice) since the intent is to show that the employer has the financial muscle to keep paying you and it is really the employers petition. I-485 is your application to adjust status, and a lot of people have done it on their own without lawyers help.
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lost_in_migration
05-15 08:29 AM
Not many replies from Non-Indian categories :(
more...
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aaren253
02-19 02:51 AM
ok i 16 and i want to go to pasadena art center for transportation...and i want to know is their llike a art school that i can go to to help me create a portfolio and enhance my skills in sketching.
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InTheMoment
08-20 06:02 PM
Not exactly yabadaba ... if the call goes to TSC/NSC they are not contractors but full employees of USCIS and are known as Immigration Information Officers IIO, who have nothing to do with actual adjudications of I-485 done by CAO's - Center Adjudication Officers (as you rightly pointed out)
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
more...
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redcard
08-09 07:05 AM
:) Hi All,
I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.
peace........
My Prediction.. buy a powerball ticket...chances and probability of winning some money is more then that of getting a GC in near future or of some legislation reform.:)
I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.
peace........
My Prediction.. buy a powerball ticket...chances and probability of winning some money is more then that of getting a GC in near future or of some legislation reform.:)
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veni001
11-08 01:32 PM
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
more...
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BharatPremi
04-16 04:34 PM
What is an "MTR"?
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sunny1000
06-26 12:05 AM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
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ssnd03
01-02 07:18 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
pappu
12-06 10:25 PM
In order to get EB1 visa via L1 visa route I believe you need to be on L1 at present and also hold a senior manager level position in your multinational company and command good salary. If you want to try for EB1 proving yourself to be extraordinary, then you need to satisfy at least 3 criterias mentioned in another post on this thread. This kind of EB1 catagory is very tough and unless you can really prove that you are a genious and extraordinary, its not worth spending money.
Alabaman
08-21 02:52 PM
If your calculations are right then this is really really bad.
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