Blog Feeds
05-25 08:30 AM
As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
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CSPAmom
08-13 02:17 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
sabithanair84
04-23 03:05 PM
Thank you, I looked through the blog but it didnt have any posts that could answer my queries. I am just trying to find out if it is ok to travel if I have a pending case with USCIS? Also, if my H4 goes out of status on 09/23/2010, then does that mean I have immediately leave the country? Any answers would help, thanks.
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ssdtm
03-14 04:34 PM
Big cos generally file a new Labor and are hesitant to hire if someone is beyonnd 6 yrs period. Even if you convince them that your old PD can be transferred, they are not convinced....(or do not know much about the process).
more...
swartzphotography
March 23rd, 2007, 11:45 PM
well queen my long lost thought you were gone forever to never come back friend. I am not to familiar with the nikon lenses i would imaging the logical side would be to cover as many focal lengths as possible and that would be covered by the 18-55 and the 55-200mm lenses. however im not sure if the 18-135 lens offers supperior glass or not. If it does i would say that would be the one you go with. anyway it sure is nice to see you on here queen i must say i missed ya.
javadeveloper
07-27 10:24 PM
Sodh thanks for your responses
more...
LostInGCProcess
10-07 11:24 AM
Recently, I e-filed EAD renewal for me. So, there was no issue. Give some more time, like a couple of weeks and if you don't see any change, then call USCIS.
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gopi544
06-30 11:35 AM
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
more...
crystal
07-08 08:35 AM
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payal_nag
11-27 03:28 PM
thanks for your response!
So were there any questions at the interview as to why you used Emergency?
So were there any questions at the interview as to why you used Emergency?
more...
saravanaraj.sathya
08-22 05:55 PM
You ve 2 options:
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
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snathan
05-15 02:28 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
more...
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ChainReaction
02-19 11:02 AM
As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.
Thanks for the reply
Thanks for the reply
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ca_immigrant
04-29 09:06 AM
I think this office has more folks...
anyways, I do not know for sure.
Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...
yesterday when I created this post I was in q waiting to talk to someone...
waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)
I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act
Travisa is horrible !!
:mad:
anyways, I do not know for sure.
Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...
yesterday when I created this post I was in q waiting to talk to someone...
waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)
I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act
Travisa is horrible !!
:mad:
more...
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eb2_immigrant
09-08 02:11 PM
There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8.
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
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glus
10-25 06:11 PM
Hello,
Do not worry. This sometimes happens, that when a change of status is requested and approved the SSA is unable to see the change in their system. If your H4 to H1 was approved you should receive your Social Security card within a month. I have seen this many times.
Do not worry. This sometimes happens, that when a change of status is requested and approved the SSA is unable to see the change in their system. If your H4 to H1 was approved you should receive your Social Security card within a month. I have seen this many times.
more...
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Maqrkk
03-04 05:23 AM
Wow, nice!
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Blog Feeds
07-28 12:50 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
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NELLAIKUMAR
08-22 02:14 PM
I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????
kirupa
02-17 02:57 AM
Hey psychman,
You need to assign your rotatetransform to your object's transformgroup. It's a bit convulted and I wish it were easier, but here is how you can accomplish this for an element called blueSquare:
private int currentAngle = 0;
private void RotateSquare(object sender, RoutedEventArgs e)
{
RotateTransform rotateTransform = new RotateTransform();
currentAngle += 45;
rotateTransform.Angle = currentAngle;
TransformGroup transformGroup = new TransformGroup();
transformGroup.Children.Add(rotateTransform);
blueSquare.RenderTransform = transformGroup;
}
:)
You need to assign your rotatetransform to your object's transformgroup. It's a bit convulted and I wish it were easier, but here is how you can accomplish this for an element called blueSquare:
private int currentAngle = 0;
private void RotateSquare(object sender, RoutedEventArgs e)
{
RotateTransform rotateTransform = new RotateTransform();
currentAngle += 45;
rotateTransform.Angle = currentAngle;
TransformGroup transformGroup = new TransformGroup();
transformGroup.Children.Add(rotateTransform);
blueSquare.RenderTransform = transformGroup;
}
:)
fxok425
01-09 10:07 PM
I was H1B, but used AP return to the U.S. the same company, but when I filed the new I-9 form after return, the company lawyer asked me to write EAD and EAD expiration date, so I guess I am AOS now? or not? I am not sure. My company will resume my H1B this month, but don't know when it will be completed.
Now I am going to e-file EAD renew.There are some questions in the form I-765 that I am not sure how to answer (The lawyer has completed his 140 and 485 document, so he doesn't want to answer now.):
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Thanks!
Now I am going to e-file EAD renew.There are some questions in the form I-765 that I am not sure how to answer (The lawyer has completed his 140 and 485 document, so he doesn't want to answer now.):
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Thanks!