rujulm
11-03 01:26 PM
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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raysaikat
03-25 11:49 AM
Hi,
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.
ajju
09-03 05:37 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
You may expedite the EAD processing if you've a valid reason like financial loss or others.. Check with your lawyer for your specific case...
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
You may expedite the EAD processing if you've a valid reason like financial loss or others.. Check with your lawyer for your specific case...
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DDLMODES
07-08 08:33 AM
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
How did you get paid for it ?? It went to taxes through your social security # like a regular job ??
How did you get paid for it ?? It went to taxes through your social security # like a regular job ??
more...
Ruta
08-18 03:06 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf
Ann Ruben
08-05 02:34 PM
Based on the information you have provided, I do not think there is any cause for you to be worried about being deported.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
more...
amitga
04-07 12:18 PM
CIR talks are going on CSPAN.
They spoke on legal immigration, H1B and GC at the max for 30 seconds.
They spoke on legal immigration, H1B and GC at the max for 30 seconds.
2010 latest installment
uma001
05-28 04:09 PM
Hello,
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
It is really tough to get extension for an IT position. consult a lawyer
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
It is really tough to get extension for an IT position. consult a lawyer
more...
coopheal
07-07 11:36 AM
Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
if you were paroled in put the date you were paroled in to. see I-94
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
if you were paroled in put the date you were paroled in to. see I-94
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surabhi
06-18 10:01 AM
I asked the same question yesterday at POE Boston.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
more...
anyluck?
06-18 03:22 PM
Thanks for the reply.
They said she can start as soon as it it approved.Only thng i am worried about is when she wants to transfer H1b what are the hurdles have to be faced.I heard or enquired that as long as Quota is there she can transfer H1B.
Is it legally difficult because transfering from Non Profit to Regular Organization.
Thanks
They said she can start as soon as it it approved.Only thng i am worried about is when she wants to transfer H1b what are the hurdles have to be faced.I heard or enquired that as long as Quota is there she can transfer H1B.
Is it legally difficult because transfering from Non Profit to Regular Organization.
Thanks
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Ann Ruben
04-17 01:09 PM
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
more...
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
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buddyinus
08-11 01:55 AM
I buy your words, I think they are working half day on saturdays
Guyz just chill!!! How doz it even matter...Nothingz in our hands now...V have done our bit and let us let them do their bit. One shud appreciate the USCIS' efforts to bring about a temporary solution to the long wait. Atleast things r happening.
Guyz, this Friday (i.e today) therez a new awesome Hindi movie which got released and itz called Chak De India. Watch it ... as its inspirational. Cheers...CHAK DE INDIA...CHAK DE IV !!!
Guyz just chill!!! How doz it even matter...Nothingz in our hands now...V have done our bit and let us let them do their bit. One shud appreciate the USCIS' efforts to bring about a temporary solution to the long wait. Atleast things r happening.
Guyz, this Friday (i.e today) therez a new awesome Hindi movie which got released and itz called Chak De India. Watch it ... as its inspirational. Cheers...CHAK DE INDIA...CHAK DE IV !!!
more...
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tabletpc
03-31 09:35 AM
Again I did not get any response for my query. Looks like members here are more into GC stuff than other issues. Anyway as always, I contacted chennai consualte to learn more about my concern, here comes their reply. I hope this will be helpfull to someone wout their .
Knowledge is waste, if not shared...!!!!
Dear Sir/Madam,
Thank you for your email.
Once you take a confirmed appointment, modifications in terms of adding a new applicant cannot be made. However, you may cancel your existing appointment and then apply together as a family. (The Consulate encourages applicants to schedule appointment together).
Please note that canceling your appointment for a second time would lead to deactivation of your receipt for the next 90 days.
Kindly note that the modifications on Q.No 1 to 14 in DS-156 cannot be made, either you need to cancel the appointment and schedule a new appointment or you could go ahead with your appointment and inform the consular officer of the same wherein the final decision would be that of the consular officer.
You can cancel your appointment only two times. After the second cancellation your HDFC Visa Fee Receipt is deactivated for 90 calendar days. You will not be able to book another appointment until the 90 days have passed.
Thanking you
Regards
VFS Team3
www.vfs-usa.co.in
Knowledge is waste, if not shared...!!!!
Dear Sir/Madam,
Thank you for your email.
Once you take a confirmed appointment, modifications in terms of adding a new applicant cannot be made. However, you may cancel your existing appointment and then apply together as a family. (The Consulate encourages applicants to schedule appointment together).
Please note that canceling your appointment for a second time would lead to deactivation of your receipt for the next 90 days.
Kindly note that the modifications on Q.No 1 to 14 in DS-156 cannot be made, either you need to cancel the appointment and schedule a new appointment or you could go ahead with your appointment and inform the consular officer of the same wherein the final decision would be that of the consular officer.
You can cancel your appointment only two times. After the second cancellation your HDFC Visa Fee Receipt is deactivated for 90 calendar days. You will not be able to book another appointment until the 90 days have passed.
Thanking you
Regards
VFS Team3
www.vfs-usa.co.in
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sonia_sd
10-11 01:00 PM
Hi,
My I-485 AOS thru my Husband's I-140 is pending right now.
Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.
My question is :
Which is better Interfile or new filling ?
What are the advantages and dis-advantages of both ?
If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?
Thanks
Immqry
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
My I-485 AOS thru my Husband's I-140 is pending right now.
Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.
My question is :
Which is better Interfile or new filling ?
What are the advantages and dis-advantages of both ?
If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?
Thanks
Immqry
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
more...
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techbuyer77
07-17 06:28 PM
I called an IO today at Texas.
Last week they told me that due to glitch they never printed my fp notice.
The IO I talked to then, said that she was going to generate one and mailed to me.
I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment
The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice
Last week they told me that due to glitch they never printed my fp notice.
The IO I talked to then, said that she was going to generate one and mailed to me.
I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment
The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice
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gsc999
07-31 11:09 PM
Hi,
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
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rssb
09-20 08:48 PM
A# gets assigned at the I-140 stage. The I-140 should have the A#.
Not sure about requesting without A# , may be it can be done.
Not sure about requesting without A# , may be it can be done.
what_now
02-27 04:39 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
?
Thank you very much.
?
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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