greencardvow
07-24 06:23 PM
The employer has to always pay the H1B fees.
I know govt said anything regarding labor certifications etc are now only to be paid by employer...
what about fees related to extensions of h1 b? can i still pay for it or it's employer who has to pay...cause knowing my employer i know they won't want to pay and i wonder what options i have.
I know govt said anything regarding labor certifications etc are now only to be paid by employer...
what about fees related to extensions of h1 b? can i still pay for it or it's employer who has to pay...cause knowing my employer i know they won't want to pay and i wonder what options i have.
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olegbi_q2
07-27 05:20 PM
Got an RFE request on a I485 that I think is a huge problem.
I spent a year in the USA in 97-98 on J1 student exchange Visa.
I went back to Russia, and finished the last year of high school there.
Then in '99 I came back to the USA on an F1 visa, did a four year college. After that I have been continuously employed on H1b, filed for green card in 2007.
RFE is requesting information about Section 212 of Immigration and Nationality Act.
How big of a trouble am I in?
I spent a year in the USA in 97-98 on J1 student exchange Visa.
I went back to Russia, and finished the last year of high school there.
Then in '99 I came back to the USA on an F1 visa, did a four year college. After that I have been continuously employed on H1b, filed for green card in 2007.
RFE is requesting information about Section 212 of Immigration and Nationality Act.
How big of a trouble am I in?
bnaravindan
11-11 12:31 PM
Here is my case
I came to US in Aug 2005 on F1 and My I-94 was till Duration of study.
I graduated and my OPT was from April 27th 2008 till April 26th 2009
MY company applied for my H1 on April 1st 2009 and got it approved starting Oct 1st 2009 ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.
I 797 B is H1 approval without change of status, My employer applied for amendment on May 2009, but again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Same thing happened 3 times and now i got I 797 B again and my company says that they are going to file for the change of status again but its already November and i dont know what to do.Wanted to know if somebody has gone through the same situations and If i go to India(Chennai) for stamping what would be the problem.
what should i answer if visa officer ask's me about what have you done from April 28th 2009 tilll October 2009 and as you were not in OPT or in H1b why did you stay in US...
I came to US in Aug 2005 on F1 and My I-94 was till Duration of study.
I graduated and my OPT was from April 27th 2008 till April 26th 2009
MY company applied for my H1 on April 1st 2009 and got it approved starting Oct 1st 2009 ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.
I 797 B is H1 approval without change of status, My employer applied for amendment on May 2009, but again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Same thing happened 3 times and now i got I 797 B again and my company says that they are going to file for the change of status again but its already November and i dont know what to do.Wanted to know if somebody has gone through the same situations and If i go to India(Chennai) for stamping what would be the problem.
what should i answer if visa officer ask's me about what have you done from April 28th 2009 tilll October 2009 and as you were not in OPT or in H1b why did you stay in US...
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ajaygc
09-24 07:06 PM
Hi Sunofeast
when we go for finger printing will they ask for the A#. If so, do we need to provide the one with the 0 that is on the FP notice or the one with out the 0 (this is on the 485 receipt)
-Ajaygc
when we go for finger printing will they ask for the A#. If so, do we need to provide the one with the 0 that is on the FP notice or the one with out the 0 (this is on the 485 receipt)
-Ajaygc
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kevinkris
08-13 03:33 PM
Hi All,
My PD is 1st Aug 2006. Am i IN or OUT?
As per VB:
The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.
They stress and bolded "Earlier Than" so i am not IN???? :confused::confused::(:(
My PD is 1st Aug 2006. Am i IN or OUT?
As per VB:
The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.
They stress and bolded "Earlier Than" so i am not IN???? :confused::confused::(:(
rajuram
07-31 08:01 PM
anyone....
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kothari_rupesh
07-07 10:59 AM
^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?
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Blog Feeds
11-08 03:30 PM
The H-3 trainee visa is a non-immigrant visa option for foreign nationals seeking training in any field of endeavor, including, but not limited to, commerce, communications, finance, government, transportation, agriculture, or the professions (except physicians).
Specifically, the H-3 is utilized by a foreign national seeking to pursue a career outside the United States, and training in the U.S. is necessary because the foreign national's home country does not have the type of training program available. Once the training program in the U.S. has concluded, the trainee must return to his or her home country to use the skills gained in the training program. In order to qualify, the U.S. employer must show that the foreign national's home country does not offer or does not prepare the trainee for the type of work that is available in the country, therefore training in the U.S. is necessary. When submitting H-3 visa petitions to U.S. Citizenship and Immigration Services (USCIS), employers must establish that the training program includes the following:
Detailed description of the type of training and supervision to be given;
The training program structure;
Amount of time that will be devoted to productive employment (which must be kept at a minimum since this visa is for training and not for productive employment).
Number of hours the foreign national will spend in classroom instruction and on-the-job training;
Detail the career abroad for which the foreign national is training;
Explanation as to why the training cannot be obtained in the country abroad and the reason the training in the U.S. is necessary;
Source of remuneration.
The H-3 trainee visa is a valuable non-immigrant visa option for training in a variety of industries. For more information regarding H-3 visas or any other immigration related matters, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/RK8CT8ccyfg/)
Specifically, the H-3 is utilized by a foreign national seeking to pursue a career outside the United States, and training in the U.S. is necessary because the foreign national's home country does not have the type of training program available. Once the training program in the U.S. has concluded, the trainee must return to his or her home country to use the skills gained in the training program. In order to qualify, the U.S. employer must show that the foreign national's home country does not offer or does not prepare the trainee for the type of work that is available in the country, therefore training in the U.S. is necessary. When submitting H-3 visa petitions to U.S. Citizenship and Immigration Services (USCIS), employers must establish that the training program includes the following:
Detailed description of the type of training and supervision to be given;
The training program structure;
Amount of time that will be devoted to productive employment (which must be kept at a minimum since this visa is for training and not for productive employment).
Number of hours the foreign national will spend in classroom instruction and on-the-job training;
Detail the career abroad for which the foreign national is training;
Explanation as to why the training cannot be obtained in the country abroad and the reason the training in the U.S. is necessary;
Source of remuneration.
The H-3 trainee visa is a valuable non-immigrant visa option for training in a variety of industries. For more information regarding H-3 visas or any other immigration related matters, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/RK8CT8ccyfg/)
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h1_b_visa_holder
08-05 11:32 AM
I have been in US on L1 with Company A and then I changed several jobs and am on H1 with Company B. My I-140 has been filed by Company B and is approved . Company B also has an office in India. Can I take a transfer to Company B's office for 1 year and then come back to US on L1 visa and all this while still manage to continue my GC processing.
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lsbk
09-19 07:35 AM
Hello everyone,
Please help me with your valuable suggestions. My H4 extension was applied with my husband's H1 extension through premium processing. Both were approved within 6 days. I got my courtesy copy of H4 extension but my lawyer never got the original approval notice with the new I-94. So my lawyer applied the form I-824 for a duplicate copy of my approval. But will I get a new I-94 with the duplicate copy? I was planning to travel to India next month. I do have the white I-94 that I got when I entered the country and the green I-94 that I got with last year's extension. Only the I-94 from this year's extension is missing. Can I travel with that? Will I have problems at port of entry when I return back? Will I have any problems stamping my H4 with courtesy copy?
I asked my lawyer to file I-102 for replacing the lost I-94 but he said that form is for replacing the original I-94 I got at port of entry(which I already have). So there is no need of it. Sorry the post is too long. Thanks a lot in advance.
Please help me with your valuable suggestions. My H4 extension was applied with my husband's H1 extension through premium processing. Both were approved within 6 days. I got my courtesy copy of H4 extension but my lawyer never got the original approval notice with the new I-94. So my lawyer applied the form I-824 for a duplicate copy of my approval. But will I get a new I-94 with the duplicate copy? I was planning to travel to India next month. I do have the white I-94 that I got when I entered the country and the green I-94 that I got with last year's extension. Only the I-94 from this year's extension is missing. Can I travel with that? Will I have problems at port of entry when I return back? Will I have any problems stamping my H4 with courtesy copy?
I asked my lawyer to file I-102 for replacing the lost I-94 but he said that form is for replacing the original I-94 I got at port of entry(which I already have). So there is no need of it. Sorry the post is too long. Thanks a lot in advance.
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deafTunes123
03-12 09:22 AM
I am confused. Is it 120 days (4 months) or 90 days (3 months) before the expiry that one needs to apply for the EAD renewal.
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rajmalhotra
10-19 09:48 AM
I did the same thing.
I filed first I-485 on July 6th, but my attorney said that they had messed something up...and need to file second I-485. Second set was filled around August 14th
I received all my receipts as well as EAD from first filling.
So my attorney asked to put stop payment on checks from second I-485, so now when USCIS asks for money...she will withdraw the second case at that time.
Should this work...???
I filed first I-485 on July 6th, but my attorney said that they had messed something up...and need to file second I-485. Second set was filled around August 14th
I received all my receipts as well as EAD from first filling.
So my attorney asked to put stop payment on checks from second I-485, so now when USCIS asks for money...she will withdraw the second case at that time.
Should this work...???
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imi1224
05-14 10:23 PM
Hi IV friends-
I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -
Should I apply for reneal of EAD or new EAD?
How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?
Thanks in advance for all the help.
Regards,
Imi1224
I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -
Should I apply for reneal of EAD or new EAD?
How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?
Thanks in advance for all the help.
Regards,
Imi1224
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msp1976
03-05 07:01 AM
He can file the H4 extension based on the H1B extension application receipt...
Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
As long as H4 extension is filed, wife's status is valid....
Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
As long as H4 extension is filed, wife's status is valid....
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eyeswe
08-23 02:38 PM
My take and I am far from a lawyer.. so this is not legal advice...
You can study on H4
You cannot accept a scholarship
You cannot take an in-campus job
You cannot do an internship, apply for CPT or OPT's
If the above are all true.. there is no need to inform USCIS
You can study on H4
You cannot accept a scholarship
You cannot take an in-campus job
You cannot do an internship, apply for CPT or OPT's
If the above are all true.. there is no need to inform USCIS
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KanME
10-30 08:00 PM
Not medically qualified to say for sure that it may be related but Sorry for your loss.
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raysaikat
05-06 09:17 AM
Hi, I have question about my case.
My family was applied I-485 by my mom's working at the company, and all my family had EAD which is working permit and received SSN with that EAD.
However, 2008 January our I-485 have got denied because of sponsor got closed.
That was the before our EAD card gets expired. So I couldn't renew the EAD card.
So My question is, is there any way to renew that EAD now?
if I still want to work, what does I have to do?
The EAD is a benefit of being in AOS --- i.e., due to pending I-485 approval. When your I-485 (I-485 applications are individual applications) was denied, your EAD stopped being valid. If you did not stop working, then you were working illegally (assuming that you had no other work VISA). So you have been out of status for more than 2 years, and possibly accrued unlawful presence for a similar period as well. If your unlawful presence accumulated to 180 days, that will trigger a 3 year ban from entering US, and a 10 year ban if the unlawful presence is 1 year or more.
My family was applied I-485 by my mom's working at the company, and all my family had EAD which is working permit and received SSN with that EAD.
However, 2008 January our I-485 have got denied because of sponsor got closed.
That was the before our EAD card gets expired. So I couldn't renew the EAD card.
So My question is, is there any way to renew that EAD now?
if I still want to work, what does I have to do?
The EAD is a benefit of being in AOS --- i.e., due to pending I-485 approval. When your I-485 (I-485 applications are individual applications) was denied, your EAD stopped being valid. If you did not stop working, then you were working illegally (assuming that you had no other work VISA). So you have been out of status for more than 2 years, and possibly accrued unlawful presence for a similar period as well. If your unlawful presence accumulated to 180 days, that will trigger a 3 year ban from entering US, and a 10 year ban if the unlawful presence is 1 year or more.
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ssdtm
02-23 10:24 PM
Per Cronin Memo, your wife is eligible for H4 visa.
This is based on the feedback from a top attorney.
This is based on the feedback from a top attorney.
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DDLMODES
07-09 06:51 PM
Hello everybody,
First of all I must appologize because I mentioned this in the forum before but that was a different question that I asked.
My wife's Labor lists a 4 year degree with a BS in Mechanical Engineering as a requirement.
We filed I-140 with her old H1B evaluation which says she has a 4 year degree in Civil Engineering (stupid me :mad: ).
I found another evaluator who looked closely and gave us an evaluation for BS in Mechanical Engineering because her degree is way closer to the Mechanical than it is to the Civil Eng.
Will USCIS reject this I-140 on the spot based on the fact that she doesn't meet the requirements or issue an RFE ? If they issue an RFE and we send the Mechanical Eng. evaluation, will the fact that we filed first with the Civil Eng evaluation cause any problems ? Are we assuming the worst and is not such a big deal ??
She worked on H1B for 7 years as a Mech Eng and this is NOT a labour substitution.
Thanks for any help !
:(
First of all I must appologize because I mentioned this in the forum before but that was a different question that I asked.
My wife's Labor lists a 4 year degree with a BS in Mechanical Engineering as a requirement.
We filed I-140 with her old H1B evaluation which says she has a 4 year degree in Civil Engineering (stupid me :mad: ).
I found another evaluator who looked closely and gave us an evaluation for BS in Mechanical Engineering because her degree is way closer to the Mechanical than it is to the Civil Eng.
Will USCIS reject this I-140 on the spot based on the fact that she doesn't meet the requirements or issue an RFE ? If they issue an RFE and we send the Mechanical Eng. evaluation, will the fact that we filed first with the Civil Eng evaluation cause any problems ? Are we assuming the worst and is not such a big deal ??
She worked on H1B for 7 years as a Mech Eng and this is NOT a labour substitution.
Thanks for any help !
:(
GC_ki_daud
07-11 04:05 PM
Please Gurus Help here :confused:
pmat
02-18 10:18 PM
There is no way that she can start working from April. If her H1B is approved, the earliest she can start working will be Oct 1, 2007. Also, make sure that her H1B is filed ASAP because the 20,000 MS quota has also been seen to evaporate pretty quickly (~1-2 months).
In other words, she will have to convince her employer to allow her to start from October.
In other words, she will have to convince her employer to allow her to start from October.
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