digital2k
08-14 02:13 PM
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wallpaper Rory McIlroy
gcmaker
03-26 10:05 PM
I don't think that would work. Here are a couple of articles that seem to suggest that you cannot create your company on H-1B (http://www.laborimmigration.com/2008/01/starting-own-company-on-h-1b-visa/) and also that you cannot volunteer to do a job which would otherwise by a paying job (http://www.laborimmigration.com/2008/02/unpaid-volunteer-work-on-h-1b-h-4-or-f-1-visas/)
Hope that helps.
As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)
Hope that helps.
As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)
ashkam
08-02 08:07 AM
If the I-94 was not given a full year's validity due to passport expiring within a year, Is the I-94 still valid after its expiry?
2011 Rory McIlroy
khyatisdesai
12-16 05:35 PM
Hi , What does the lawyer say about this . They surely must have seen such cases before.
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Greatdesi
05-25 05:20 AM
I am in the same situation.. send docs to Dallas lockbox.
Applied for EAD renewal and documents reached on May7th.. checks not cased yet. I think the whole lockbox is creating the delays but one they get to your application it is relatively quick.
Do let me know when your checks are cased.
Kanshul:
Did you receive the receipts or your checks deposited?
Applied for EAD renewal and documents reached on May7th.. checks not cased yet. I think the whole lockbox is creating the delays but one they get to your application it is relatively quick.
Do let me know when your checks are cased.
Kanshul:
Did you receive the receipts or your checks deposited?
bobzibub
09-30 04:10 PM
...on a plan for �deep economic integration�
http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/09/19/national-post-editorial-board-free-trade-with-europe-is-worth-some-concessions.aspx
http://en.wikipedia.org/wiki/European_Economic_Area
http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/09/19/national-post-editorial-board-free-trade-with-europe-is-worth-some-concessions.aspx
http://en.wikipedia.org/wiki/European_Economic_Area
more...
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.
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Dhundhun
06-09 11:00 PM
Hi Gurus -
Am eFiling this my EAD renewal - and want to know what I should enter for -
1. "What is Date for Application?" - is the "Received Date" in my EAD receipt?
2. "Manner of Last Entry" : I put H1B - Speciality Occupation. Hope that is fine as I entered last year using H1B (am on H1B and there was one more H1 option there)
3. Current Immigration Status - "I put H1B - Speciality Occupation".
4. Eligibility Status - "I485 filed" - is that right? Am a July 07 filer.
Sorry if these questions have been asked before - if yes, please point me to the thread and better please try to answer these ASAP.
Thanks.
Refer to thread http://immigrationvoice.org/forum/showthread.php?t=18737
Am eFiling this my EAD renewal - and want to know what I should enter for -
1. "What is Date for Application?" - is the "Received Date" in my EAD receipt?
2. "Manner of Last Entry" : I put H1B - Speciality Occupation. Hope that is fine as I entered last year using H1B (am on H1B and there was one more H1 option there)
3. Current Immigration Status - "I put H1B - Speciality Occupation".
4. Eligibility Status - "I485 filed" - is that right? Am a July 07 filer.
Sorry if these questions have been asked before - if yes, please point me to the thread and better please try to answer these ASAP.
Thanks.
Refer to thread http://immigrationvoice.org/forum/showthread.php?t=18737
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kirupa
04-11 08:18 PM
The new version looks much better onsitus :)
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Motivated
11-15 12:27 PM
The town we are in only has a community college only, my spouse is an engineer and they have nothing to offer... Small town restricts her chances to be hired on H1 too.
Biggest reason for taking up the new job is to be able to access the above options.....:(
Biggest reason for taking up the new job is to be able to access the above options.....:(
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nhgc
02-25 06:37 PM
I recently found out that someone had stolen my credit card information to purchase items online. I have since then closed that credit card and went ahead and put a fraud alert for 90 days on my credit report. I don't believe my SSN was stolen, but I want to check my credit report and also for protection have the alert so that no one tries to apply for loans etc. using any of my information.
Will having the fraud alert have an impact on my 485 filing in any way? Let me know what the best process is to handle this if it does have an impact on 485 background checks, and pending green card approvals etc.
I have no criminal history.
Thanks,
ROW
PD 4/1/2004
485 Received Date 7/27/2007
Will having the fraud alert have an impact on my 485 filing in any way? Let me know what the best process is to handle this if it does have an impact on 485 background checks, and pending green card approvals etc.
I have no criminal history.
Thanks,
ROW
PD 4/1/2004
485 Received Date 7/27/2007
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Dipika
10-11 01:55 PM
Thanks for reply...
do we need to file any other form along with i-130.
like i-864 or is this needed at a later stages.?
Thanx in advance
No. You need to file only i-130 and attach required docs like Birth Certificate etc.
we need to file I-485 (Adjustment of status) when the date is current which happens after long wait...
do we need to file any other form along with i-130.
like i-864 or is this needed at a later stages.?
Thanx in advance
No. You need to file only i-130 and attach required docs like Birth Certificate etc.
we need to file I-485 (Adjustment of status) when the date is current which happens after long wait...
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gsmc98
08-06 03:10 PM
Me and my husband(primary applicant) filed our I 485, I 765, and I 131. Recieved by USCIS on 06/29/2007. our lawyer recently got our reciept nos. my husband got a notice saying FP fee rejected and has been asked to re submit the fee,when, in fact all our checks have already been cashed.all of my notices say case recieved and pending.my question is ,with my husband's case in suspense, will my application be also with held or will USCIS go ahead with my application. I am the dependant spouse in this case. please respond. Thank you.
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rajuseattle
11-28 11:03 AM
Hello immi2006,
Were your collegues EB-2 classification with old PDs from the DoL's backlog centres?
I see some of the EB-2 indian nationals with old PDs received approvals so that USCIS can process their I-485.
If you are EB-3 then you might want to wait until Dec 2007.
thanks,
Rajuseattle.
Were your collegues EB-2 classification with old PDs from the DoL's backlog centres?
I see some of the EB-2 indian nationals with old PDs received approvals so that USCIS can process their I-485.
If you are EB-3 then you might want to wait until Dec 2007.
thanks,
Rajuseattle.
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nonimmi
08-30 12:37 PM
Who will be responsible for psychological torcher with less then 50% pay.
Socially isolated coz of not driving.
How one can see the big time loss of applicant.
3 years easily one can wait can say but why for more then 6 yers.
Who are talking time management that didn't applies here.
Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.
This shows the effect of retrogression!!
Socially isolated coz of not driving.
How one can see the big time loss of applicant.
3 years easily one can wait can say but why for more then 6 yers.
Who are talking time management that didn't applies here.
Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.
This shows the effect of retrogression!!
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gc_check
10-01 07:40 PM
You probably, might have seen their commercial in CNN or other major network. This is a anti-immigration coalition formed by a group of well know organization that are know for their anti-immigration views, etc.. Check their website.
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bagheera
06-10 05:28 PM
Hello all, please share your thoughts/advice on my case.
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
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Blog Feeds
09-10 07:50 PM
Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
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immigrationmatters30
07-26 10:02 AM
~~~~
kannan
03-22 12:27 AM
Can you please post details of your PD and EB category and other details?
Present company PD is May 2007
EB 2
Present company PD is May 2007
EB 2
psychstudent
04-04 06:58 PM
Hi,
I am graduate student in Clinical Psychology. I am going to be working for a state employer during summer. This is mandatory for my program and I will receive 6 credits for it by the end of summer. However, due to some graduate school rules, I will have less than minimum credits to take during the Fall '10 and Spring '11 semesters. I was wondering if I could go ahead and work on CPT during summer (the employment is not paid), but register for those credits during Fall '10 and Spring '11 (breaking it up into 3 credits each) which will ensure my minimum registration.
Also, can I apply for CPT during a semester when I have taken minimum credits required and I am a TA (full 20 hours)?
Thank You in advance. Your timely opinion is appreciated!
I am graduate student in Clinical Psychology. I am going to be working for a state employer during summer. This is mandatory for my program and I will receive 6 credits for it by the end of summer. However, due to some graduate school rules, I will have less than minimum credits to take during the Fall '10 and Spring '11 semesters. I was wondering if I could go ahead and work on CPT during summer (the employment is not paid), but register for those credits during Fall '10 and Spring '11 (breaking it up into 3 credits each) which will ensure my minimum registration.
Also, can I apply for CPT during a semester when I have taken minimum credits required and I am a TA (full 20 hours)?
Thank You in advance. Your timely opinion is appreciated!
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