skd
08-05 11:18 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
Now say in January 2008 the PD was made September 2005, In that case Person A will get first
But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
Now say in January 2008 the PD was made September 2005, In that case Person A will get first
But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first
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bharat2008
08-25 07:22 PM
Is this NEW employer or same employer .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
ssdd123
08-28 07:16 PM
Most of us know its surely a tiring and long process to get visa dates in Hindi for Delhi embassy. I tried for about a month before I got it. Here is what I observed and find very important for anyone taking Hindi visa dates in Delhi:
(a) Delhi embassy mostly adds new Hindi dates every two weeks. Specially when the english dates are about to expire, because Hindi dates are expired/not available most of the time :)
(b) These dates are added on either Thursday or Friday.
(c) Most chances are on Thursday/Friday morning or noon. That is from 10am IST to around 2-3pm IST.
(d) During this time, keep checking every 5 minutes. This is because once they release dates, I do not know, but the dates are gone in 10 minutes flat !!!
(e) Keep your information already filled and saved in vfs database, otherwise no chance that one can complete all DS 156/157 forms in those crucial 10/15 minutes.
(f) Good luck!
(a) Delhi embassy mostly adds new Hindi dates every two weeks. Specially when the english dates are about to expire, because Hindi dates are expired/not available most of the time :)
(b) These dates are added on either Thursday or Friday.
(c) Most chances are on Thursday/Friday morning or noon. That is from 10am IST to around 2-3pm IST.
(d) During this time, keep checking every 5 minutes. This is because once they release dates, I do not know, but the dates are gone in 10 minutes flat !!!
(e) Keep your information already filled and saved in vfs database, otherwise no chance that one can complete all DS 156/157 forms in those crucial 10/15 minutes.
(f) Good luck!
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martinvisalaw
01-28 12:44 PM
I agree with Kanshul. You don't need AP just to remain in the US, however I strongly recommend getting it even if you don't plan to travel. You will need it if there is an emergency and it is difficult to get at short notice. There are many messages on this board from people who had to travel unexpectedly before AP was approved and wonder if they can return to the US.
more...
akp22
06-16 10:32 PM
Explore interfiling... no personal experience ... but the idea is that they use the same I-485 but interchange the underlying I-140. Seems like there is no special form for this but to just write to USCIS with evidence for the new approved EB1 I-140.
Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?
Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?
gcnirvana
07-31 11:56 PM
Please don't travel till you get your 485 Receipts. Recently I read in one of IV forums that someone's application was rejected because he/she travelled while his/her application was in process. Talk to your attorney before doing it.
Good Luck!
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
Good Luck!
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
more...
go_guy123
01-26 10:51 AM
01/25/2011
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
Talks of nothing about GC wait etc. Utterly useless article.
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
Talks of nothing about GC wait etc. Utterly useless article.
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immigrationvoice1
03-19 05:12 PM
Gurus, please respond...
more...
teachamerica07
09-23 12:30 PM
No you cannot . You can only teach Math at this time.
Is ESL offer from the same school that sponsored you for math H1?
If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .
Is ESL offer from the same school that sponsored you for math H1?
If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .
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psaxena
09-30 07:51 PM
Free loader leave it , Now marketing vonage to get free 2 months.
When would you leave being so cheap
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
When would you leave being so cheap
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
more...
jayleno
07-14 04:51 PM
I'm not a Guru in Immigration Matters...still from my experience USCIS is pretty random in some cases with online statuses.
I think I just told you what you know already, but reminding you that you are not alone.
Any updates gurus?
I think I just told you what you know already, but reminding you that you are not alone.
Any updates gurus?
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parablergh
09-06 05:19 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
more...
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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americandesi
02-01 01:22 PM
Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
more...
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arnet
11-21 07:31 PM
check this:
http://immigrationvoice.org/forum/showthread.php?t=15575
also there should be other post, search the forum.
good luck.
http://immigrationvoice.org/forum/showthread.php?t=15575
also there should be other post, search the forum.
good luck.
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fromnaija
08-28 10:23 AM
I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
more...
makeup Posted on 20 June 2011 by
kishdam
03-10 09:52 AM
Hi,
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
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rayoflight
05-08 12:40 PM
Friendly Reminder about DC/MD/VA Chapter Meeting
DC/MD/VA Chapter Meeting
Date: 05/09/2009
Time: 3PM - 5PM
Location: Conference room at Tysons Pimmit Library
Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088
Thank You,
Rayoflight
DC/MD/VA Chapter Meeting
Date: 05/09/2009
Time: 3PM - 5PM
Location: Conference room at Tysons Pimmit Library
Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088
Thank You,
Rayoflight
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Scythe
07-12 01:03 AM
Why is Pacman running away from the blue ghost?
ssdtm
12-13 06:49 PM
To be 100% safe, wait for EAD.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
dano
05-05 03:53 PM
I've also heard about these two attorneys, one from Reisterstown,MD and the other from Arlington,Va.
I am myself starting the process, and I've heard mixed opinions on these two. i would appreciate anybody that could chip in.
-dan
I am myself starting the process, and I've heard mixed opinions on these two. i would appreciate anybody that could chip in.
-dan
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