little_willy
08-15 11:28 PM
^^^^^^^^^
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martinvisalaw
04-19 02:37 PM
USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
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.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
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.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
Immigstories
01-21 06:56 PM
Gurus
Please share your thoughts on my question above.....
Please share your thoughts on my question above.....
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senthil1
04-04 09:57 PM
If you stay out of country for long time CIS may consider that you may abandon GC.
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
more...
whitecollarslave
02-10 01:05 PM
All the tactics used by groups opposing EB immigration and in particular H-1B visas center around one central theme - foreign (H-1B) workers are cheap labor. While they may have identified specific cases, it is not representative of the entire EB (and H-1B) community. Most of us are paid much more than higher end of prevailing wage, plus 10-20K in immigration costs. Many of us are physicians with NIW and working in medically under served areas.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
GCNirvana007
04-01 01:44 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
more...
learning01
03-23 02:06 PM
As the discussion of immigration bills is heating up, we have a need for a format of email (preferably culled from immigration voice home page). We need to continue the media contact blitz because many of these media folks don't know the issues pertaining the legal immigrants; in particular GC and I-485 issues.
I have already emailed this idea to 'contact us' email of immigration voice.
I have attached a sample media format, that we can work today and finalize.
It starts:
..............
In my opinion, the immigration discussion that is currently going on and scheduled to come up for discussion at the Senate on Mar 27th, 2006, should alleviate the problems faced by legal immigrants who are in the country for a number of years., persons like me. They are facing many problems in their pursit of permanent residency. This discussion should specifically address the process of naturalization and obtaining a Green Card. This and its related issues are listed below:
(read the attachment for full write up)
...........................
Any ideas.
I have already emailed this idea to 'contact us' email of immigration voice.
I have attached a sample media format, that we can work today and finalize.
It starts:
..............
In my opinion, the immigration discussion that is currently going on and scheduled to come up for discussion at the Senate on Mar 27th, 2006, should alleviate the problems faced by legal immigrants who are in the country for a number of years., persons like me. They are facing many problems in their pursit of permanent residency. This discussion should specifically address the process of naturalization and obtaining a Green Card. This and its related issues are listed below:
(read the attachment for full write up)
...........................
Any ideas.
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logiclife
07-11 11:40 AM
There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
more...
p1234
10-04 06:29 PM
DON'T BELIEVE ANYTHING this guy says...read this thread (the posts towards the end)
http://immigrationvoice.org/forum/showthread.php?t=21835
http://immigrationvoice.org/forum/showthread.php?t=21835
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krishna_brc
05-21 01:20 PM
i did it myself too..pretty straightforward..they hv all info on their website..
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
more...
Yeldarb
11-12 04:28 PM
www.esrucehtesrever.com - A site I made with XHTML and CSS. It uses PHP/mySQL for the entries to sign a petition with the intent of Reversing the Curse of the Chicago Cubs.
www.bandstation.com - A site for bands looking for new members. It utilizes CSS for the design, and has a full PHP/mySQL backend for advertisement display and users. Users can register and post their own information and job offers for their respective state.
www.bandstation.com - A site for bands looking for new members. It utilizes CSS for the design, and has a full PHP/mySQL backend for advertisement display and users. Users can register and post their own information and job offers for their respective state.
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vxb2004
04-28 08:23 PM
have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.
I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!
I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!
more...
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roseball
10-17 07:55 PM
Hello,
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.
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JunRN
08-11 03:58 PM
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
You mean "AP", not "EAD" to enter into US.
You mean "AP", not "EAD" to enter into US.
more...
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bsbawa10
08-03 12:27 PM
Chandu: I disagree with you. I think nobody complained on the website itself. People were unhappy with what it showed. The case status is incomplete and very abstract. I do not think anybody cared about navigation or buttons. Besides, it really they listened to the complaints, they would have fixed many more things before this thing. This would have been the last piece to do especially if they are having lack of workforce.
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jonty_11
06-28 12:22 PM
What is IV core plan now that CIR is dead, are we going to pursue our agendas separately from the CIR now..?
more...
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prasadn
03-01 08:27 PM
When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
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godbless
11-02 01:55 PM
Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.
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ebizash
08-03 01:39 PM
Panky,
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
ashneels2001
10-16 08:58 PM
check with your lawyer. you should be able to ue the same labor unless the laws have changed. It is my understanding that if you file an MTR right away you get to retain your LABOR CERTIFICATION and that then allows you to file another I140 under EB3
tonyHK12
11-14 12:10 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Yes I agree something doesn't add up. The yearly quota should be at least 2800 visas for EB3 from Mexico.
Maybe they're waiting for the end of quarter to allocate visas.
IV generally follows up for donor members.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Yes I agree something doesn't add up. The yearly quota should be at least 2800 visas for EB3 from Mexico.
Maybe they're waiting for the end of quarter to allocate visas.
IV generally follows up for donor members.
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