Blog Feeds
04-26 11:30 AM
Some 63,000 flights had been canceled in Europe by the end of Sunday, in the four days since the air space of northern Europe was shut down by an enormous ash cloud from an erupting volcano beneath the Eyjafjallajokull glacier in Iceland.
Passengers are scrambling to find alternative travel routes. German tourists are being bussed home from Spain, while the Royal Navy is sending military ships to Spain to bring home stranded Brits. Thousand of Europeans are also stuck in the US with no option to leave at this time. Many visitors are worried about the implications of not being able to leave before their current status expires.
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
We keep monitoring the situation and will update our readers as we obtain more news.
More... (http://www.visalawyerblog.com/2010/04/b2_tourists_and_visa_waiver_op.html)
Passengers are scrambling to find alternative travel routes. German tourists are being bussed home from Spain, while the Royal Navy is sending military ships to Spain to bring home stranded Brits. Thousand of Europeans are also stuck in the US with no option to leave at this time. Many visitors are worried about the implications of not being able to leave before their current status expires.
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
We keep monitoring the situation and will update our readers as we obtain more news.
More... (http://www.visalawyerblog.com/2010/04/b2_tourists_and_visa_waiver_op.html)
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h1bwala
12-09 03:17 PM
Hi
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
andy garcia
08-06 10:38 AM
I have applied I-140 and I-485 on July 2. I think I forgot to attach one experience letters to it. Can I attach it to that I-140 after getting the receipt #? what is the procedure?
What kind of experience letter you did not send?
andy
What kind of experience letter you did not send?
andy
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maine_gc
12-18 10:28 AM
KY members??????????
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waiting4gc02
01-20 12:23 PM
Guys:
Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.
Now, I am going to file for my extension.
The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.
When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.
Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??
Please share your thoughts.. I am perplexed..!!!
Thanks
Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.
Now, I am going to file for my extension.
The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.
When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.
Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??
Please share your thoughts.. I am perplexed..!!!
Thanks
shankarsivam
04-13 05:53 PM
Hello Attorneys / Experts,
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
more...
greyhair
01-05 10:00 AM
This is simple posturing and nothing more. Hispanic caucus CANNOT bring down healtcare reform. They have as much invested in the healthcare bill as anybody else in the Congress. They way I see it, this equates to a sucide threat if my friend won't shot at the enemy. All this to make a show to the hispanic population that hispanic caucus is doing something to push for the immigration bill. Nothing more. I would not weigh-in too much on this news item because its not for my consumption. This news is for the consumption of hispanic voters only.
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senk1s
05-05 01:09 PM
I did not know that ... So the company contracting someone has to maintain an I9 information?
Here is what is read from the I-9 handbook
http://www.uscis.gov/files/nativedocuments/m-274.pdf
"If you are self-employed, you do not need to complete a Form I-9 on yourself unless you are also an employee of a business entity, such as a corporation or partnership, in which case the business entity is required to complete a Form I-9 on you."
Here is what is read from the I-9 handbook
http://www.uscis.gov/files/nativedocuments/m-274.pdf
"If you are self-employed, you do not need to complete a Form I-9 on yourself unless you are also an employee of a business entity, such as a corporation or partnership, in which case the business entity is required to complete a Form I-9 on you."
more...
wandmaker
11-28 03:58 AM
mhtanim: Your job description with employer �Y� should be similar to position �B�
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boom
12-11 03:17 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3897.html
more...
wandmaker
10-29 05:56 PM
H1-B Extension after 6 years.
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
In order to extend H1B beyond six years, you do not require to be with the GC sponsoring employer. One must have filed a labor 365 days before 6th year end date. 1 or 3 years extension is based on what stage of GC processing you are in. Hope this helps!
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
In order to extend H1B beyond six years, you do not require to be with the GC sponsoring employer. One must have filed a labor 365 days before 6th year end date. 1 or 3 years extension is based on what stage of GC processing you are in. Hope this helps!
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485_spouse
03-13 01:30 PM
I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...
you can not file I-485 for your wife till PD becomes current.
I'm in the same boat. you need to make sure your wife maintains her visa status. Since she is on H1 she should file a labor to make use of 7th year.
you can not file I-485 for your wife till PD becomes current.
I'm in the same boat. you need to make sure your wife maintains her visa status. Since she is on H1 she should file a labor to make use of 7th year.
more...
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DOL_0903
10-29 03:00 PM
My wife has henna done on her fingures and we need to do FP.. will it be a problem???
Gurus, please advice or share your experience
Thanks in advance
Gurus, please advice or share your experience
Thanks in advance
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indyanguy
11-20 09:14 AM
Thanks for the reply.
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
more...
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bigboy007
11-06 12:21 PM
I have efiled my 765/131 i have some questions :
1. some ppl have mentioned NOT to send Photos is this true ? Doesnt AP or EAD require pics ?
1. some ppl have mentioned NOT to send Photos is this true ? Doesnt AP or EAD require pics ?
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amitps
10-14 10:35 PM
You should get your EAD after FP
more...
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xwndtkot
06-23 11:34 AM
Hello, I am on the same boat... kinda...
I submitted the application with supporting doc paper base on June 2 and they receieved and signed the package on June 7 to NSC
Til today check was not cashed. I called the service center and the lady told me to wait til July 8 to call them again and they will look in to it... and she said since it's summer time NSC is backing up.... and it does take up to 30 days to get anything.
(However, I have been reading... ppl efile seem have better luck to get any movement... some ppl got the EAD card within 20 days!!!!!)
I read some ppl also did paper and after a month... they go for the efile... but I still did not hear if that would creat any problems...
I don't mind to waste the 340 if it can make my EAD processed....
I would rather have the card in my hand then check my checking account everyday to see if the check was cashed....
anyone did both paper and efile after one another and got approved????
anything helps!
Thanks
I submitted the application with supporting doc paper base on June 2 and they receieved and signed the package on June 7 to NSC
Til today check was not cashed. I called the service center and the lady told me to wait til July 8 to call them again and they will look in to it... and she said since it's summer time NSC is backing up.... and it does take up to 30 days to get anything.
(However, I have been reading... ppl efile seem have better luck to get any movement... some ppl got the EAD card within 20 days!!!!!)
I read some ppl also did paper and after a month... they go for the efile... but I still did not hear if that would creat any problems...
I don't mind to waste the 340 if it can make my EAD processed....
I would rather have the card in my hand then check my checking account everyday to see if the check was cashed....
anyone did both paper and efile after one another and got approved????
anything helps!
Thanks
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Blog Feeds
03-22 12:20 PM
The House voted Sunday night on the Senate bill for health care reform, passing it 219 to 212. President Obama won a historic victory in the struggle for health care reform Sunday as the House of Representatives passed a sweeping bill overhauling the American medical system. What does this mean for Immigration? Big hope for the future, but a lot of work remains to be done.
Tens of thousands of people turned out on Washington's National Mall on Sunday to support the Obama administration in its next big battle, a renewed effort to overhaul U.S. immigration laws.
Speaking by video to the crowd, President Obama said he would do "everything in my power" to get a bipartisan deal within the year.
"You know as well as I do that this won't be easy, and it won't happen overnight," Obama said. "But if we work together across ethnic, state and party lines, we can build a future worthy of our history as a nation of immigrants and a nation of laws."
Though overshadowed by the historic debate on health care taking place in the nearby halls of Congress, Sunday's rally set the stage for a revival of efforts to reshape U.S. immigration law. The issue has been largely sidelined since a similar push by the Bush administration failed in 2007. We do hope that something will change very soon.
Read the CNN article... (http://www.cnn.com/2010/POLITICS/03/21/immigration.rally/index.html?hpt=T2)
More... (http://www.visalawyerblog.com/2010/03/immigration_reform_rally_draws.html)
Tens of thousands of people turned out on Washington's National Mall on Sunday to support the Obama administration in its next big battle, a renewed effort to overhaul U.S. immigration laws.
Speaking by video to the crowd, President Obama said he would do "everything in my power" to get a bipartisan deal within the year.
"You know as well as I do that this won't be easy, and it won't happen overnight," Obama said. "But if we work together across ethnic, state and party lines, we can build a future worthy of our history as a nation of immigrants and a nation of laws."
Though overshadowed by the historic debate on health care taking place in the nearby halls of Congress, Sunday's rally set the stage for a revival of efforts to reshape U.S. immigration law. The issue has been largely sidelined since a similar push by the Bush administration failed in 2007. We do hope that something will change very soon.
Read the CNN article... (http://www.cnn.com/2010/POLITICS/03/21/immigration.rally/index.html?hpt=T2)
More... (http://www.visalawyerblog.com/2010/03/immigration_reform_rally_draws.html)
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kumhyd2
09-06 10:31 PM
http://www.nationalpostdoc.org
IV Team: Contact this group to garner the support.
The National Postdoctoral Association is a professional association that provides a unique, national voice for postdoctoral scholars. The NPA was founded in 2003, with an ambitious agenda to enhance the quality of the postdoctoral experience. The NPA incorporated in the District of Columbia in 2005 as a non-profit organization. The IRS has approved the NPA as a charitable, educational organization under 501(c)3 of the Internal Revenue Code. Charitable contributions to the NPA are tax deductible.
Since its founding, the NPA has assumed a leadership role in addressing the many issues confronting the postdoctoral community that are national in scope, requiring action beyond the local level. Key alliances are being forged at all levels, and new standards and policies proposed by NPA are being considered and adopted by federal agencies and research institutions throughout the U.S.
The NPA is supported by its members and charitable contributions from those who support its mission, including the Alfred P. Sloan Foundation and the American Association for the Advancement of Science. To view a list of other NPA supporters, please click here.
IV Team: Contact this group to garner the support.
The National Postdoctoral Association is a professional association that provides a unique, national voice for postdoctoral scholars. The NPA was founded in 2003, with an ambitious agenda to enhance the quality of the postdoctoral experience. The NPA incorporated in the District of Columbia in 2005 as a non-profit organization. The IRS has approved the NPA as a charitable, educational organization under 501(c)3 of the Internal Revenue Code. Charitable contributions to the NPA are tax deductible.
Since its founding, the NPA has assumed a leadership role in addressing the many issues confronting the postdoctoral community that are national in scope, requiring action beyond the local level. Key alliances are being forged at all levels, and new standards and policies proposed by NPA are being considered and adopted by federal agencies and research institutions throughout the U.S.
The NPA is supported by its members and charitable contributions from those who support its mission, including the Alfred P. Sloan Foundation and the American Association for the Advancement of Science. To view a list of other NPA supporters, please click here.
LCtank
09-12 03:43 PM
Illegals are another story, and now we need to focus on the legals, as all efforts trying to bind legal and illegal together turned out to be failure completely.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
qualified_trash
10-10 03:24 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html
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