coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
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drirshad
04-07 12:31 PM
April 10th is National Day of Action for Immigrant Justice
Check your local city details below to participate.
http://www.cccaction.org/cccaction/april_10_local_events.html
Check your local city details below to participate.
http://www.cccaction.org/cccaction/april_10_local_events.html
Blog Feeds
08-12 09:50 AM
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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vkallank
09-21 09:06 PM
guyfrommsg,
i have filed in the form / submitted the application for joining the google GA group. please check.
i have filed in the form / submitted the application for joining the google GA group. please check.
more...
pa_arora
11-07 07:25 PM
That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.
How can India get more than its quota ie 9% per country limit??
BTW, What is "soft quota"?
How can India get more than its quota ie 9% per country limit??
BTW, What is "soft quota"?
vghc
07-20 11:31 PM
Msians will be issued a visa the the point of entry. Commonwealth country thingy.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
more...
Dom_
07-30 03:20 AM
this one is very cool
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Appu
09-16 12:38 PM
There's a very good post here:
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
more...
microbe
February 17th, 2004, 11:35 PM
i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.
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pappu
06-09 10:37 AM
I am sure IV has thought about this...
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
more...
gc_chahiye
08-12 01:20 PM
read the approach called 'bridging' (last paragraph) here:
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
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gopi544
10-30 05:02 PM
i worked for 5 years (2005 till now), i will have 4 w2`s and they are asking for all w-2. i have all the w2`s expect for 2006 form previous company which i left in feb 2006.
more...
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mukuraj
05-23 01:31 PM
I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
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Mahatma
01-15 09:26 AM
To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
more...
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cnachu2
11-14 03:35 PM
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
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ameryki
06-26 05:19 PM
Hi All,
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
mate no offense intended but if you do a search for this you will find all the info ready to be read for ya. So please take the time to do so. Some quick answers no you do not need to pay for EAD/AP renewal if you paid using the new fee structure. Also no additional info needed when you send a copy of your 485 receipt notice it states all the required info to support the no fees.
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
mate no offense intended but if you do a search for this you will find all the info ready to be read for ya. So please take the time to do so. Some quick answers no you do not need to pay for EAD/AP renewal if you paid using the new fee structure. Also no additional info needed when you send a copy of your 485 receipt notice it states all the required info to support the no fees.
more...
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sodh
07-27 12:23 AM
If he could fix everything we would'nt be in trouble.
By the way his name is Prakash , if it registers in someones head.
By the way his name is Prakash , if it registers in someones head.
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gc_chahiye
10-24 04:01 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
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waiting_4_gc
07-17 09:39 PM
Hi All,
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
Here is the update from USCIS:
http://www.aila.org/content/default.aspx?docid=22912
As per the memo, they accept I-485, EAD and AP applications with old fee till 08/17
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
Here is the update from USCIS:
http://www.aila.org/content/default.aspx?docid=22912
As per the memo, they accept I-485, EAD and AP applications with old fee till 08/17
Voetsjoeba
04-09 05:20 AM
I can't see 'em ?
krishmunn
08-10 08:54 AM
First, there is nothing called "sponsoring a visitor visa". You cannot sponsor . Every visitor need to qualify on his/her own.
If you mean sending an invite letter and copy of your H1 to show they are visiting you , it is fine.
If you mean sending I-134 -- Affidavit of Support -- the Affidavit has no legal value. If the visitors do not have enough liquid cash, they can say that you will fund the trip (and you can send your bank statements to prove). Anybody else (like your siblings in home country) can also fund the trip. If they have cash, best is to show that as source of their trip.
If you mean sending an invite letter and copy of your H1 to show they are visiting you , it is fine.
If you mean sending I-134 -- Affidavit of Support -- the Affidavit has no legal value. If the visitors do not have enough liquid cash, they can say that you will fund the trip (and you can send your bank statements to prove). Anybody else (like your siblings in home country) can also fund the trip. If they have cash, best is to show that as source of their trip.
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