msyedy
12-20 09:36 AM
Masti Gai..
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
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Administrator2
03-14 12:27 PM
I just emailed mine to info@immigrationvoice.org.
Thanks!
Thanks!
adGurkha
01-17 10:48 AM
Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?
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tonyHK12
01-11 09:28 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
more...
asdqwe2k
05-22 09:36 AM
Official Press release..
http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf
“This report illustrates that legal immigrants who play by the rules experience significant hardships that harm families, businesses, and, ultimately, our economy,” said Cornyn, who chairs the U.S. Senate Judiciary’s Subcommittee on Immigration, Border Security and Citizenship. “I believe Congress can address these issues in a thoughtful yet decisive manner.”
http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf
“This report illustrates that legal immigrants who play by the rules experience significant hardships that harm families, businesses, and, ultimately, our economy,” said Cornyn, who chairs the U.S. Senate Judiciary’s Subcommittee on Immigration, Border Security and Citizenship. “I believe Congress can address these issues in a thoughtful yet decisive manner.”
gc2
02-19 11:22 AM
Green Card Through Marriage To U.S. Citizen (http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMarriageToUSCitizen/tabid/173/Default.aspx)
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newyorker123
09-02 08:03 AM
lj_rr,
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
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Kalidindi
07-25 10:10 PM
I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
more...
fide_champ
03-22 08:11 AM
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.
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amitkhare77
08-10 12:06 PM
I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
more...
andy garcia
01-17 06:53 AM
That is all I did a couple of years ago.
I took the passport of my wife and that was it.
I took the passport of my wife and that was it.
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conundrum
03-16 05:12 PM
Faxed mine a few mins ago
more...
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sands_14
06-12 11:55 AM
i tried infopass last yr,it didnt help;they said uscis will take it when its up for approval.current pd doesnt matter;it matters only if its approved and waiting for visa number
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GCEB2
09-20 09:13 PM
sri1309..Thanks for your reply but can we get homes for 300 to 400 k there. How about bay area
more...
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chanduv23
08-10 11:50 AM
Get some inspiration
qtW8h5vLfn4
and make it to the meeting and rally :)
qtW8h5vLfn4
and make it to the meeting and rally :)
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deardar
09-14 03:49 PM
good!
more...
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number30
03-28 12:29 AM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
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cool_guy_onnet1
12-20 03:48 PM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
please help
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
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nashim
04-07 02:55 PM
thanks gcisadawg,
desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
WeShallOvercome
07-30 02:13 PM
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
Even FP notice? I think it comes directly to you..
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
Even FP notice? I think it comes directly to you..
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