jthomas
10-18 04:47 PM
I am not sure i understood your question. Is it H1B interview date or H1B stamping. In case of H1B stamping, the dates are normally booked but keep checking vhs..... website and you may find a slot. I used to check everyday and after a month i saw few slots available on december. However, the consulate answers to emails promptly and i was once told that for H1B stamping can be done if notified 14 days in advance.
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bayarea07
07-18 04:02 PM
There is already a seperate forum for that,in which a long discussion is already goin on, please post your questions there.
laststraw
06-23 01:47 PM
Thanks fromnaija.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
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mbartosik
04-08 04:40 PM
If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
more...
krishmunn
02-14 09:34 PM
I am planning to get my H1 stamped during my next trip to India and have a couple of questions
1) Have anyone used Yourmaninindia or Sahara Care or any other service to deposit H1 forms at VFS Mumbai. For Mumbai consulate, the forms need to be submitted 3 days prior to Visa Interview and they do not accept courier :mad:
2) I recently found that if you have an appointment at one of the consulates in Mexico, you can Fax the 797 and get PMIS verified in advance.
Do we need to submit the entire H1 fee for appointment ? If there is a cheaper way, I am thinking of taking an appointment , get PMIS verified and cancel the appointment.
3) Any idea if they do a PMIS verification for H1 extensions (same company) as well ?
1) Have anyone used Yourmaninindia or Sahara Care or any other service to deposit H1 forms at VFS Mumbai. For Mumbai consulate, the forms need to be submitted 3 days prior to Visa Interview and they do not accept courier :mad:
2) I recently found that if you have an appointment at one of the consulates in Mexico, you can Fax the 797 and get PMIS verified in advance.
Do we need to submit the entire H1 fee for appointment ? If there is a cheaper way, I am thinking of taking an appointment , get PMIS verified and cancel the appointment.
3) Any idea if they do a PMIS verification for H1 extensions (same company) as well ?
rb_248
09-11 01:55 PM
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
Thank you. That is good to hear.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
Thank you. That is good to hear.
more...
neoneo
04-14 02:10 AM
One more day gone. A few more to go. Really what more can you do ? You can't do beyond a point. The best suggestion would be to get more PEOPLE knowledgeable about this issue.
The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.
Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.
MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.
The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.
Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.
MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.
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pani_6
11-11 12:33 PM
With the elections changing the senators..we have to contact the new senators to pass our bills..so we need to write to new and important senators to pass the Bills...I was wondering if anybody had a list of new senators and thier addresses so that we would write a letter...sign in by hand and post...I have allways seen that sending sending Fedex is better that sending 37 cents stamped letter...but at least we should send in the 37cent letter..
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
more...
ppt.b
07-15 11:19 AM
I am in
July tends to be a busy month for my husband at work because of deadlines on august 1 (even on weekends). However, we will try to make it if we can, definitely in august.
July tends to be a busy month for my husband at work because of deadlines on august 1 (even on weekends). However, we will try to make it if we can, definitely in august.
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sdrblr
09-03 11:52 AM
Just cast my ballot :)
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wandmaker
12-05 08:28 PM
I don't have enough time to get my status changed from USA.
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO
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rheoretro
10-03 12:06 PM
The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
Then Numbersusa or other anti-immigration groups have no points to raise against us
NYCgal369,
An H1-B never takes a job away from a US citizen...I know you know this, and meant it, but please amend your post, so that our friends on the other side don't start using our words disingenuously against us. As for the point that you brought up, I drove home that point repeatedly at an event in Washington, DC last Friday: we have already applied for our green cards.
Best,
RR.
Then Numbersusa or other anti-immigration groups have no points to raise against us
NYCgal369,
An H1-B never takes a job away from a US citizen...I know you know this, and meant it, but please amend your post, so that our friends on the other side don't start using our words disingenuously against us. As for the point that you brought up, I drove home that point repeatedly at an event in Washington, DC last Friday: we have already applied for our green cards.
Best,
RR.
more...
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logiclife
06-22 12:18 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
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martinvisalaw
10-06 05:48 PM
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
more...
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neeidd
07-09 11:42 AM
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
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martinvisalaw
01-26 05:30 PM
I don't want to second guess the experienced lawyers. They are probably planning on mentioning an alternative educational background as acceptable, in addition to the CIS. There is a place on the PERM form for this.
more...
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jnraajan
04-11 02:22 PM
^^^^^^^^^
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new_horizon
04-06 02:08 PM
I think it should be fine as long as the visa page is not tampered or damaged, and the electronic information can be read. Also since she has a new pp, it should not be a problem. She should carry both the old and new pp with her.
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Blog Feeds
04-26 11:30 AM
The Dallas suburb of Farmers Branch has been in the news for a couple of years now because of its efforts to run undocumented immigrants out of the city. The city leaders have attempted to do this by passing ordinances making it illegal to rent apartments or houses to such immigrants.
Unfortunately for the city, these ordinances keep getting shot down in court as unconstitutional, and the city has been forced to pay the legal fees of the plaintiffs who sue the city over the ordinances. After the latest adverse ruling, the Farmers Branch City Council voted this month to appeal the federal court judgment.
The rationale for the appeal is that this time the decision will be made by the 5th U.S. Circuit Court of Appeals, which is notoriously conservative. The city believes this court will be more likely to ignore or overturn other court opinions and decide that the ordinance is indeed constitutional.
The city's outside counsel has estimated the legal fees for an appeal could range from $100,000 to $150,000. Thus far, Farmers Branch has spent about $3.2 million trying to get illegal immigrants out of town, and has set aside another $620,000 for the remainder of 2010. By some estimates, the total legal costs could be more than $5 million by the end of this year. That's a lot of money for a city with a population of about 30,000.
For several years I lived in Carrollton, the suburb immediately north of Farmers Branch. I worked in Dallas, immediately south of Farmers Branch. So I passed through Farmers Branch at least twice each day, and actually was in the city far more than that. It's a nice town, with nice people. I hate to see all the negative publicity they are getting, although I do strongly disagree with their attempts to drive immigrants from Farmers Branch.
I know Farmers Branch has much more pressing needs for the money they are spending on these federal court appeals. Road maintenance, libraries, activities for senior citizens, and many other city projects are left wanting. That's a sad situation, and unfair to the residents of Farmers Branch.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Oob_4ayth6c/)
Unfortunately for the city, these ordinances keep getting shot down in court as unconstitutional, and the city has been forced to pay the legal fees of the plaintiffs who sue the city over the ordinances. After the latest adverse ruling, the Farmers Branch City Council voted this month to appeal the federal court judgment.
The rationale for the appeal is that this time the decision will be made by the 5th U.S. Circuit Court of Appeals, which is notoriously conservative. The city believes this court will be more likely to ignore or overturn other court opinions and decide that the ordinance is indeed constitutional.
The city's outside counsel has estimated the legal fees for an appeal could range from $100,000 to $150,000. Thus far, Farmers Branch has spent about $3.2 million trying to get illegal immigrants out of town, and has set aside another $620,000 for the remainder of 2010. By some estimates, the total legal costs could be more than $5 million by the end of this year. That's a lot of money for a city with a population of about 30,000.
For several years I lived in Carrollton, the suburb immediately north of Farmers Branch. I worked in Dallas, immediately south of Farmers Branch. So I passed through Farmers Branch at least twice each day, and actually was in the city far more than that. It's a nice town, with nice people. I hate to see all the negative publicity they are getting, although I do strongly disagree with their attempts to drive immigrants from Farmers Branch.
I know Farmers Branch has much more pressing needs for the money they are spending on these federal court appeals. Road maintenance, libraries, activities for senior citizens, and many other city projects are left wanting. That's a sad situation, and unfair to the residents of Farmers Branch.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Oob_4ayth6c/)
newbie2020
08-27 12:00 PM
I had posted this info much earlier..... Look at my other posts.
hotshots
06-22 11:16 AM
My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
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