canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
wallpaper justin bieber family pics. am
Blog Feeds
02-28 09:10 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
vts31
10-20 02:53 AM
about painter.
1. version 5 sux.
2. ive never used 7. but i think its pretty good.
i use 6.
1. version 5 sux.
2. ive never used 7. but i think its pretty good.
i use 6.
2011 justin bieber bowl.
senthiltamil
09-22 08:54 PM
Mine is in TSC.
Thanks
Thanks
more...
dtekkedil
07-05 02:21 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
green_world
02-13 08:59 PM
I-485?? save $$ join IV
more...
sanjay
01-09 04:12 PM
why i got red?????? I am saying it is going to be current.
I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.
I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.
2010 He Asks, Tracing A Finger Down
tjayant
04-04 02:21 PM
I know couple of H1b's working in Boeing unless it is a military project
more...
logiclife
06-25 06:36 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
hair justin bieber family.
aristotle
08-08 01:19 PM
San Jose. Courteous, but curt.
more...
lj_rr
07-23 10:35 PM
----bump, Help?-------------
hot 0 Justin Bieber pants falling
bostonian28
05-16 11:35 AM
I have just called all the Representatives mentioned in the above thread and conveyed the message. Similar experience, nice people (I am sure they are supposed to be nice, as they would take calls from voters!!), I also heard similar responses saying they have been getting many calls.
more...
house Watch Justin Bieber Promote
mnq1979
06-26 11:14 PM
If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.
well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.
pls. note no matter from where we make the affedevits it will say that she was born in xyz city.
i m not sure does it mke any diffrence if we get the affedevits from abc city.
there is no other record available which i can produce.
pls help!!!!
well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.
pls. note no matter from where we make the affedevits it will say that she was born in xyz city.
i m not sure does it mke any diffrence if we get the affedevits from abc city.
there is no other record available which i can produce.
pls help!!!!
tattoo Justin Bieber most
unseenguy
06-22 07:33 PM
...and the boss goes back and continues eating samosas :)
Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.
Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.
more...
pictures First off, he came onstage
Desertfox
04-28 12:59 PM
Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?
You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.
You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.
You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.
You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.
dresses selena gomez and justin bieber
gnutin
06-10 02:56 PM
Once again Thanks Mr. Glutin,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
Yes, 2012 it should be. There is a provision that if you have an approved I-140, your attorney could request the visa for 3 years, so 2013 it would be.
The I-140 premium processing requirements keep changing, so I can't say if you qualify. Wait for someone else to respond or search online and the forums here.
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
Yes, 2012 it should be. There is a provision that if you have an approved I-140, your attorney could request the visa for 3 years, so 2013 it would be.
The I-140 premium processing requirements keep changing, so I can't say if you qualify. Wait for someone else to respond or search online and the forums here.
more...
makeup Justin+ieber+shirts+off
roseball
06-29 03:26 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
girlfriend justin bieber hate club. i
bbenhill
11-13 08:51 PM
I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
hairstyles justin bieber girlfriend name
r_mistry
01-18 11:44 AM
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
DDash
07-24 08:28 AM
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
dvb
07-28 02:16 PM
Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???
Комментариев нет:
Отправить комментарий