BharatPremi
03-28 05:21 PM
The link is broken, can you please post the corrected link?
Yes, it is not working today. It was basically a pensylvania law suite and USCIS memo. I have saved it at work, Will try to attach it on Monday.
Yes, it is not working today. It was basically a pensylvania law suite and USCIS memo. I have saved it at work, Will try to attach it on Monday.
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singhsa3
08-26 12:37 PM
Bump
nixstor
01-22 04:08 PM
Andy,
Thanks for the pointer on the 539 processing.
Does the H4 approval need to be in hand if my wife were to change her status to H1? (or) Is there an option in I 129 where she can refer to the pending I 539.
Thanks for the pointer on the 539 processing.
Does the H4 approval need to be in hand if my wife were to change her status to H1? (or) Is there an option in I 129 where she can refer to the pending I 539.
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pbojja
03-18 04:43 PM
You can apply for extension. Fees are not applicable for extension of status. If it involves status transfer e.g H4 to H1, then you need to pay the fees. I extended my wife, and daughters status just by filing the paper work and got the new I-94.
So if I m extending my H1 or H4, I dont need to pay any fees ? Can you explain exactly what extension you got with out paying the fee .
So if I m extending my H1 or H4, I dont need to pay any fees ? Can you explain exactly what extension you got with out paying the fee .
more...
ssingh92
11-13 01:59 PM
Inform to SSN Office that you are leaving the country. It will make sure that nobody if steel your identity misuse your SSN. If some point in future if you return to US your credit history will not be bad.
Just send a letter for address change to US Imme office also get stamped in your passport about border crossing at US point.
I also had Canada PR but can not find a good job so cancelled it. I found that India is far better than Canada.
Just send a letter for address change to US Imme office also get stamped in your passport about border crossing at US point.
I also had Canada PR but can not find a good job so cancelled it. I found that India is far better than Canada.
GCwaitforever
04-03 10:04 AM
24.�Moonlighting� Under EADs
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
more...
lacrossegc
08-23 04:52 PM
I always thought that FP has to be completed before an EAD is issued .... I guess I was wrong???
I have put in my I-485, I-140, AP and EAD applications on Aug 14th lets see ...
I have put in my I-485, I-140, AP and EAD applications on Aug 14th lets see ...
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kumar1
09-19 02:26 PM
When I look at my PD, I feel I am going to have some US citizen grand sons/daughters too. Anti-immigration groups call this "Anchor Child".
more...
uslegals
09-21 09:19 AM
Friends - this thread was mainly for a pat on the back to PK since he did such a fine job singing it.! IV had no malicious interest in singing the US OR NOT singing the Indian anthem at the rally..!! Our effort thru the rally is to show how we have adapted to this country (USA). There is no point in posing a hypothetical Q like if the US attacks ur mother country (sorry dressking..ur way out of line.!)..that ain't happening.! I am an Indian first and i will take that to the grave..!! We all walked the rally and were present there so that we could try and address the political system of this country reg. our plight.! I don't see any reason for this thread to be turned into a political one...whether how he sang it...what should have been done before or after PK sang it, etc...THE LARGER PICTURE is that IV has respected the US national anthem and has not disrespected the INDIAN national anthem.!! The RALLY surely had a positve impact (read all the news articles...no one commented about the anthem.!).. Again this is the first time that the rally has been conducted on this scale and YES we are learning on what can or cannot be done for the next one.!!
BTW - is there a link for this video..?????????????
Hope u all are enjoying ur FRIDAY..!!
BTW - is there a link for this video..?????????????
Hope u all are enjoying ur FRIDAY..!!
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raysaikat
07-10 07:39 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
more...
pune_guy
11-04 04:22 PM
Hi,
Does anybody know of and have used any good lawyer for AC21 related matters from bay area in CA?
I reside in bay area and would like to consult a local lawyer regarding the "same or similar" nature of the new job that I wish to take using AC21.
The reason for requiring him to be local is to use his services, again if needed, during adjudication.
I appreciate any help in this matter.
I was also planning to phone consult Murthy.com lawyers and would like to know of any experiences.
Thanks
Does anybody know of and have used any good lawyer for AC21 related matters from bay area in CA?
I reside in bay area and would like to consult a local lawyer regarding the "same or similar" nature of the new job that I wish to take using AC21.
The reason for requiring him to be local is to use his services, again if needed, during adjudication.
I appreciate any help in this matter.
I was also planning to phone consult Murthy.com lawyers and would like to know of any experiences.
Thanks
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cygent
07-28 02:08 PM
mean NOTHING.
of course NOT! It's still stuck on April 16th.
The dates are a joke.
Seems like they are just a diversion. to keep our minds occupied so we don't bother them with the real issue at hand. I can only say that whoever devised this system is a genius, albeit an wicked one.
of course NOT! It's still stuck on April 16th.
The dates are a joke.
Seems like they are just a diversion. to keep our minds occupied so we don't bother them with the real issue at hand. I can only say that whoever devised this system is a genius, albeit an wicked one.
more...
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shx
07-12 03:49 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
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kunallen
01-24 08:32 PM
Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?
Thanks again for the help!
Thanks again for the help!
more...
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pkv
05-22 02:22 PM
Its amazing... doesn't law have respect anymore from congress??
When you apply for I-485, one major scrutiny they do is about your status.
They even ask "Have you been out of status in USA for anytime?".
If you were out of status or over visa date(illegal) even for a day, most probably GC applications gets rejected.
Now congress is planning to reward people who were always illegal.
I though politicians are drowning developing countries... but I don't see any difference beiween developing countries and USA now... may be not now but after few years they will at same level. Politicians are same everywhere..
When you apply for I-485, one major scrutiny they do is about your status.
They even ask "Have you been out of status in USA for anytime?".
If you were out of status or over visa date(illegal) even for a day, most probably GC applications gets rejected.
Now congress is planning to reward people who were always illegal.
I though politicians are drowning developing countries... but I don't see any difference beiween developing countries and USA now... may be not now but after few years they will at same level. Politicians are same everywhere..
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sw33t
05-01 04:30 PM
Yes. The malicious code did not download any virus or inject any virus in anyone's system. All it did was to redirect the user via a popup to a malicious website. Antivirus scanners pick this up as a virus alert, but it is not. It is more of an annoyance than a virus attack.
I honestly cannot vouch for the millions of hackers and script kiddies out there that this won't happen but use a good Anti-virus scanner especially if you have kids at home.
Winner,
Yes I am the lazy blog owner who hasn't updated the site in a while.
:)
I honestly cannot vouch for the millions of hackers and script kiddies out there that this won't happen but use a good Anti-virus scanner especially if you have kids at home.
Winner,
Yes I am the lazy blog owner who hasn't updated the site in a while.
:)
more...
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nk2006
10-09 03:16 PM
I understood that if your employer revokes I-140 you have to start the process all over again with a new emplyer, even with AC21. i thought only if the employer does not revoke can you keep your PD and continue from I-485 stage with the new employer. someone, please confirm if this is wrong/correct
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
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franklin
02-22 03:54 PM
Responded to the article (wrote a letter to the editor criticizing the skew of the piece)
http://www.washingtontimes.com/contact-us/
Author was Charles Hurt with no direct email
http://www.washingtontimes.com/contact-us/
Author was Charles Hurt with no direct email
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she81
01-24 04:04 PM
The school is wrong on 2 accounts:
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
alex99
10-19 09:16 AM
Yabadaba,
I agree with your Analysis. It looks promising.
Regards,
Alex,
I agree with your Analysis. It looks promising.
Regards,
Alex,
legalVoice
10-09 06:08 PM
Question is not fees .. .there are no Visa numbers available.. what good will faster processing do?
If USCIS changes the rule to allow people to get EAD that would help.
If USCIS changes the rule to allow people to get EAD that would help.
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