prouddesi
10-10 03:00 PM
San Diegan IV members,
There is a conference call on Friday, October 12 at 9:30 pm. Details are on the yahoo groups.
We are looking for your valuable suggestions and help in upcoming IV flyer drive and booth events so please join us in making this happen!
Please join So Cal State Chapter (via the link in my signature) if you have not done so already.
Thanks!
San Diego Coordinators
There is a conference call on Friday, October 12 at 9:30 pm. Details are on the yahoo groups.
We are looking for your valuable suggestions and help in upcoming IV flyer drive and booth events so please join us in making this happen!
Please join So Cal State Chapter (via the link in my signature) if you have not done so already.
Thanks!
San Diego Coordinators
wallpaper Naomi Watts, Cameron Diaz,
QuickGreenCard
11-25 01:45 PM
Dear all,
I have got a employment offer from employer in Mississippi. I am currently in H1B status. When I am looking for filing address, I am confused by the following information on the I-129 instructions sheet:
Regular Processing
Except for the classifications listed below, Form I-129 is filed either at the CSC or VSC, depending on the location of the temporary employment.
Exceptions:
Additionally, H-1B employers filing petitions which are cap exempt must file at the CSC.
My question #1, I am cap exempt due to H1b transfer so I should file to CSC but employer location is in Mississippi so I should file VSC as per employer location.
Please clarify me the filing location.
My question #2, In sections 2.2 and 2.5 of I-129 form, am I currect If I check e for 2.2 and c for 2.5??
Appreciate your timely response
Thank you
I have got a employment offer from employer in Mississippi. I am currently in H1B status. When I am looking for filing address, I am confused by the following information on the I-129 instructions sheet:
Regular Processing
Except for the classifications listed below, Form I-129 is filed either at the CSC or VSC, depending on the location of the temporary employment.
Exceptions:
Additionally, H-1B employers filing petitions which are cap exempt must file at the CSC.
My question #1, I am cap exempt due to H1b transfer so I should file to CSC but employer location is in Mississippi so I should file VSC as per employer location.
Please clarify me the filing location.
My question #2, In sections 2.2 and 2.5 of I-129 form, am I currect If I check e for 2.2 and c for 2.5??
Appreciate your timely response
Thank you
factoryman
02-09 08:55 PM
Before you post new diaries, look at the links/ diaries at the left. Rule out no such threads, as you want to post are already in progess.
On this issue, one active thread is going on here at IV (http://immigrationvoice.org/forum/showthread.php?t=3216), the original one started by me is here (http://immigrationvoice.org/forum/showthread.php?t=3215).
Follow the other side here (http://hammondlawgroup.blogspot.com/)(you can do anonymous posts). Let us stick to one thread and action.
Please don't post any further here.
On this issue, one active thread is going on here at IV (http://immigrationvoice.org/forum/showthread.php?t=3216), the original one started by me is here (http://immigrationvoice.org/forum/showthread.php?t=3215).
Follow the other side here (http://hammondlawgroup.blogspot.com/)(you can do anonymous posts). Let us stick to one thread and action.
Please don't post any further here.
2011 Cameron Diaz - 2011 MTV Movie
npras123
05-10 12:59 PM
I am an undergrad student at purdue. I went to a community college for a year and transferred back to purdue. I did not fill in any paper work or anything and I was put out of status as per my international advisor. I handed them a all the documents that were needed for reinstatement. they told me it take 3-4 months for reinstatement and i should stay the US in the meantime.
Now being said that I filled it on 10/9/11 and i am gonna be dropped from purdue on 10/17/11. I am planning on attending a community college for the coming semester and they will not accept me with a terminated record.
So my questions are -
1) Will immigration department check back with uni if i am still enrolled (note: i got paper signed from my advisor with my graduation dates on it)
2) Should i leave US and apply for a new visa and a new i 20 with that community college?
If yes, then what are my chances of getting a visa?
3) What are my options??
Please advice. I am at crucial crossroads of my life.
thanks!!!!
Now being said that I filled it on 10/9/11 and i am gonna be dropped from purdue on 10/17/11. I am planning on attending a community college for the coming semester and they will not accept me with a terminated record.
So my questions are -
1) Will immigration department check back with uni if i am still enrolled (note: i got paper signed from my advisor with my graduation dates on it)
2) Should i leave US and apply for a new visa and a new i 20 with that community college?
If yes, then what are my chances of getting a visa?
3) What are my options??
Please advice. I am at crucial crossroads of my life.
thanks!!!!
more...
geniousatwork
03-31 05:15 PM
I believe your sister can apply for you int he 4th Family based category.
Below is the family based catgory, you can find this in any visa bulletin too.
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
I am not very sure if dual application is possible.
Below is the family based catgory, you can find this in any visa bulletin too.
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
I am not very sure if dual application is possible.
aguy
03-26 01:20 AM
Hi,
My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.
What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?
Thanks.
My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.
What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?
Thanks.
more...
GC_holder_tos
08-15 04:13 PM
Hi,
My parents got their second Re-entry Permit approved (applied through Application I-131) in first week of Jan 2008. This rentry permit is valid for 2 years (i.e. till Jan 2010). They had applied for the second Re-entry Permit on 16th Feb 2007. And after applying it they left 19th Feb 2007.
They are planning to return to US in Jan 2010 before the Re-entry Permit expiration. I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.
In my parent's case, when they will return back to US in Jan 2010, they will already have spend 3 years outside US.
I was concerned that the 2 year stay limit will be counted from the day my parents left US or the day when the Re-entry Permit got approved?
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
My parents got their second Re-entry Permit approved (applied through Application I-131) in first week of Jan 2008. This rentry permit is valid for 2 years (i.e. till Jan 2010). They had applied for the second Re-entry Permit on 16th Feb 2007. And after applying it they left 19th Feb 2007.
They are planning to return to US in Jan 2010 before the Re-entry Permit expiration. I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.
In my parent's case, when they will return back to US in Jan 2010, they will already have spend 3 years outside US.
I was concerned that the 2 year stay limit will be counted from the day my parents left US or the day when the Re-entry Permit got approved?
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
2010 Cameron Diaz and Vanity Fair
Blog Feeds
03-08 01:00 PM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
more...
sanjeev_2004
06-16 12:49 AM
In the 485 check list sent by my employer one of the item is :
"Affidavit of support duly notarized (Form I-864) if you are applying for your family"
I am applying for my self and my wife and for my daugher. I will send my all paper to my employer and he will sent to attorney.
Do i have to fill form I-864 or attorney will fill form. if i need to fill then where i can find this form and how i can notarize it.
Please help.
Thanks.
"Affidavit of support duly notarized (Form I-864) if you are applying for your family"
I am applying for my self and my wife and for my daugher. I will send my all paper to my employer and he will sent to attorney.
Do i have to fill form I-864 or attorney will fill form. if i need to fill then where i can find this form and how i can notarize it.
Please help.
Thanks.
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ambals03
04-11 04:54 PM
Please read what the event is about. It is NOT about people asking questions on issues. It is about "How can Congress effectively use Facebook". :)
No...he is going to talk about that. But, we can submit any question we want him to answer. I am in their email mailing list, the invitation explains it better than the facebook page :)
No...he is going to talk about that. But, we can submit any question we want him to answer. I am in their email mailing list, the invitation explains it better than the facebook page :)
more...
gcformeornot
03-22 02:06 PM
no answers for LC SUBs....... sorry...
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admin
03-28 05:22 PM
what would be the likely effect of this ?
The purpose behind this move is to make the process more efficient and to reduce fraud by having each service center specialize in processing a particular form. But if the BECs are anything to go by, I will be surprised if this doesn't make things worse.
The purpose behind this move is to make the process more efficient and to reduce fraud by having each service center specialize in processing a particular form. But if the BECs are anything to go by, I will be surprised if this doesn't make things worse.
more...
house Cameron Diaz 2011 Vanity Fair
immm
01-14 11:03 AM
Any suggestions?
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bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
more...
pictures Cameron Diaz
vaishnavilakshmi
06-20 11:06 PM
Hi,
Is there anyone who applied for i-140 with substituted labor on june1st or on consequent dates and waiting for approval/reciept???Please let us know ur status.
cheers,
vaishu
Is there anyone who applied for i-140 with substituted labor on june1st or on consequent dates and waiting for approval/reciept???Please let us know ur status.
cheers,
vaishu
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nomi
10-27 12:49 PM
This is same rule in MN too. My wife extend her H4 with dirver license. You need to get her H1b approval first and then renew her license with new H1b Expiration Date. Hope this will help.
Thx.
Nomi
Thx.
Nomi
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wandmaker
11-30 10:02 AM
ElusiveCard: your application should reach USCIS on or before Nov 30th, and it should not reach before Nov 1st
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swamy
12-12 08:25 PM
Just my thought for what its worth.
GG_007
please stop thinking then
GG_007
please stop thinking then
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mrdelhiite
07-23 02:09 PM
It is your marriage and your wife. No one has right to intevene in your personal matters. Do not think too much and if any one asks, just say it is my decision.
Cool. You are right. Thank you for your reply:-)
Regards,
-M:)
Cool. You are right. Thank you for your reply:-)
Regards,
-M:)
SlowRoasted
06-05 04:26 PM
kinda odd looking, i dont think im feeling this one.
ind_game
05-15 08:17 PM
Can someone shed light on this topic?
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
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