martinvisalaw
06-28 12:45 PM
The Department of State has published a pamphlet educating nonimmigrant visa holders on their rights. The pamphlet covers the visa process, important documents, workplace and employee rights, human trafficking, and how to file a complaint. This is a very useful document, not just for immigrants. See here (http://www.travel.state.gov/pdf/Pamphlet-Order.pdf) to download.
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chaganti
08-29 07:09 PM
Hi,
Your employer need to submit company's Previous year W2 and also it is better to submit ur w2(couple of years).
Thanks,
AC
Your employer need to submit company's Previous year W2 and also it is better to submit ur w2(couple of years).
Thanks,
AC
up_guy
03-07 12:34 PM
A hypothetical, but important debate on worst case scenario in changing job using AC21
================================================== ======
Assume changing jobs using AC21 has some risk, debate is what is that risk. I am not expecting response like pack up and leave back to home country as I already know that. I am interested serious debate from people who used AC21 and bought houses and simulated in American culture and have family reasons to stay in US.
Lets assume USCIS send some RFE and rejected 485 that new job was not same or similar. Now -
a) How many days I have to leave country ?
b) After the rejection of adjustment of status how many days I have to wrap up my current job or I must leave it same day when rejection letter received from USCIS ?
b) After those number of days can one acquire visitor's visa for up to six months to pack up stuff, house and family on the ground of rejection of adjustment of status?
c) Can one change status to some non immigrant visa such as new H-1B or F-1 by traveling back and reentering to USA ?
d) After the rejection of adjustment of status can one still port priority date in a new green card processing ?
f) I am also interested to hear feedback on what one can do to mitigate the risk of Ac21(I already know that use attorney's advise when changing job or donot change the job)
================================================== ======
Assume changing jobs using AC21 has some risk, debate is what is that risk. I am not expecting response like pack up and leave back to home country as I already know that. I am interested serious debate from people who used AC21 and bought houses and simulated in American culture and have family reasons to stay in US.
Lets assume USCIS send some RFE and rejected 485 that new job was not same or similar. Now -
a) How many days I have to leave country ?
b) After the rejection of adjustment of status how many days I have to wrap up my current job or I must leave it same day when rejection letter received from USCIS ?
b) After those number of days can one acquire visitor's visa for up to six months to pack up stuff, house and family on the ground of rejection of adjustment of status?
c) Can one change status to some non immigrant visa such as new H-1B or F-1 by traveling back and reentering to USA ?
d) After the rejection of adjustment of status can one still port priority date in a new green card processing ?
f) I am also interested to hear feedback on what one can do to mitigate the risk of Ac21(I already know that use attorney's advise when changing job or donot change the job)
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10-21 05:33 PM
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roseball
11-14 10:49 AM
I need a immigration lawyer whom I can consult today, It is an emergency case and need his help immediately.
Can anyone please suggest me a lawyer in Dallas, TX who works today (Saturday) to get help.
Help highly appreciated.
You can contact the office of Sherin Thawer (Dallas Family Law Attorneys | Dallas Business Law Attorneys | The Law Offices of Sherin Thawer, P.C. (http://www.thawerlaw.com)). I never dealt with her personally and I dont know how good or bad she is but just giving her reference as I always hear her on the local desi radio and their offices are open on Saturdays.
Can anyone please suggest me a lawyer in Dallas, TX who works today (Saturday) to get help.
Help highly appreciated.
You can contact the office of Sherin Thawer (Dallas Family Law Attorneys | Dallas Business Law Attorneys | The Law Offices of Sherin Thawer, P.C. (http://www.thawerlaw.com)). I never dealt with her personally and I dont know how good or bad she is but just giving her reference as I always hear her on the local desi radio and their offices are open on Saturdays.
hibworker
02-04 01:19 PM
Yes you can go to school part time on H1 for MBA. Some states allow you to claim in state tuition on H1 for state schools - that will significantly reduce the tuition bill. In addition Federal govt allows either a deduction of $4k / yr or a credit of up to $2 k / yr (search for tuition tax deduction and Lifetime Learning credits).
more...
Blog Feeds
12-18 09:50 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following:
Communicable disease;
Criminal record involving crimes of moral turpitude;
Possession of or trafficking in a controlled substance;
Trafficking persons;
Involved in money laundering;
Previously removed (deported) or previously overstayed a period of admission to the U.S.
If a non-immigrant visa holder subsequently becomes inadmissible and thus ineligible to enter the United States, depending on the inadmissibility ground, the visa holder may apply in advance of travel for a temporary waiver of inadmissibility. The waiver application is applied directly to U.S. Customs and Border Protection (CBP) prior to travel. Along with the signed Form I-192, Application for Advance Permission to Enter as Nonimmigrant, the applicant must submit the filing fee of $545, an official police record from country of nationality, proof of citizenship, and supporting documentation regarding the inadmissibility showing rehabilitation and character reformation. For questions concerning eligibility of the temporary waiver application, or any other area of immigration, call Kraft & Associates at 214-999-9999.
More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/apply-for-advance-permission-to-enter-us-as-a-nonimmigrant-if-inadmissible.php)
Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following:
Communicable disease;
Criminal record involving crimes of moral turpitude;
Possession of or trafficking in a controlled substance;
Trafficking persons;
Involved in money laundering;
Previously removed (deported) or previously overstayed a period of admission to the U.S.
If a non-immigrant visa holder subsequently becomes inadmissible and thus ineligible to enter the United States, depending on the inadmissibility ground, the visa holder may apply in advance of travel for a temporary waiver of inadmissibility. The waiver application is applied directly to U.S. Customs and Border Protection (CBP) prior to travel. Along with the signed Form I-192, Application for Advance Permission to Enter as Nonimmigrant, the applicant must submit the filing fee of $545, an official police record from country of nationality, proof of citizenship, and supporting documentation regarding the inadmissibility showing rehabilitation and character reformation. For questions concerning eligibility of the temporary waiver application, or any other area of immigration, call Kraft & Associates at 214-999-9999.
More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/apply-for-advance-permission-to-enter-us-as-a-nonimmigrant-if-inadmissible.php)
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senk1s
11-06 03:41 PM
Here are the instructions for e-filing EAD -
http://www.uscis.gov/files/article/Guide11.pdf
this is for AP
http://www.uscis.gov/files/article/Guide8.pdf
refer to the section on supporting docs
AP says required, EAD says not required
http://www.uscis.gov/files/article/Guide11.pdf
this is for AP
http://www.uscis.gov/files/article/Guide8.pdf
refer to the section on supporting docs
AP says required, EAD says not required
more...
apravi
12-11 11:06 PM
anybody please...
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meridiani.planum
10-19 02:22 AM
b1 and h1b are trade issues.
eb visa is an immigration issue.
could'nt have put it better myself. B1 and H1 has direct impact on the businesses in India (who are BTW paying lobbyists to influence ministers and trade groups to make such requests to increase the visas). Why does anyone in India care what the EB visa limit it?
eb visa is an immigration issue.
could'nt have put it better myself. B1 and H1 has direct impact on the businesses in India (who are BTW paying lobbyists to influence ministers and trade groups to make such requests to increase the visas). Why does anyone in India care what the EB visa limit it?
more...
Blog Feeds
09-11 12:00 PM
The Council of Graduate Schools (CGS) issued an August 20, 2009 press release, reporting a decline in offers of admission from U.S. graduate schools to prospective foreign students. This is the first decline in the rate of offers to foreign students since 2004.
While these significant reductions affected the overall decline in foreign student enrollment, the number of offers of admission to students from the People's Republic of China grew at a rate of 13 percent. The CGS press release indicates that this was the fourth year in a row of double-digit growth in the number of students from China offered admission to U.S. graduate schools.
With the up coming biggest education Expo in China (http://www.phdchina.org/english/index.shtml), the US is the country of Honour at this show. This is a clear sign that Chinese students are looking at the US as the main destination for studies and future opportunities.
There is a significant economic contribution made by foreign students in tuition and related expenditures, as well. Generally, a foreign student is required to pay tuition at the much higher out-of-state rate, even when attending a state school. The potential of Chinese students boosting the economy is significant and should not be ignored. Even Consular officers realize this factor and student visa (http://www.h1b.biz/lawyer-attorney-1137176.html) issuance to Chinese students has increased by 40% according to a recent survey.
More... (http://www.visalawyerblog.com/2009/09/f1_visas_foreign_enrollment_in.html)
While these significant reductions affected the overall decline in foreign student enrollment, the number of offers of admission to students from the People's Republic of China grew at a rate of 13 percent. The CGS press release indicates that this was the fourth year in a row of double-digit growth in the number of students from China offered admission to U.S. graduate schools.
With the up coming biggest education Expo in China (http://www.phdchina.org/english/index.shtml), the US is the country of Honour at this show. This is a clear sign that Chinese students are looking at the US as the main destination for studies and future opportunities.
There is a significant economic contribution made by foreign students in tuition and related expenditures, as well. Generally, a foreign student is required to pay tuition at the much higher out-of-state rate, even when attending a state school. The potential of Chinese students boosting the economy is significant and should not be ignored. Even Consular officers realize this factor and student visa (http://www.h1b.biz/lawyer-attorney-1137176.html) issuance to Chinese students has increased by 40% according to a recent survey.
More... (http://www.visalawyerblog.com/2009/09/f1_visas_foreign_enrollment_in.html)
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Blog Feeds
04-23 10:10 AM
In the past week or so we have been receiving many requests for evidence on all H1b cases filed on April 1, 2009. The RFEs received by us and practitioners across the country so far appear to only request that the single page of the I-129 Data Collection sheet be sent with the TARP question answered.
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
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geevikram
11-22 03:02 PM
I would like to hear the response for the same.
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svam77
07-22 04:57 PM
Do not do that !! Its a part of the initial evidence andyour application can be rejected based on that.
You can ask her parents to take an afidavit, scan it and send it to u ....
You can ask her parents to take an afidavit, scan it and send it to u ....
more...
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roseball
03-31 11:28 PM
Hello!
My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.
Any inputs are apprciated. Thanks!
If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.
My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.
Any inputs are apprciated. Thanks!
If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.
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krishnam70
03-13 05:17 PM
Hi,
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
Anything is possible. Can you get more details on the RFE? May be your post may help others who might get similar RFE's
- cheers
kris
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
Anything is possible. Can you get more details on the RFE? May be your post may help others who might get similar RFE's
- cheers
kris
more...
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rkumar28
07-30 01:16 PM
Hi Experts,
I will really appreciate any reply on this.
I will really appreciate any reply on this.
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ddeka
03-24 09:22 AM
No reply yet!!!!
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jsb
11-02 04:26 PM
My labour was filed for a software engineer position (java, udb, etc) 3 years ago. Over that time, my role has changed to a project manager. Infact I don't do any coding anymore. If I invoke AC21 after 180 days, can I switch to a Project Manager position?
thanks,
These are two different skills, unless you can manage to have job description of your new job to be the same as in LC. Or you can leave it the way it is, provided your employer intends to hire you as a software engineer upon approval of LC, and you intend to accept it. In the meantime, do whatever you want - project management or anything unrelated.
thanks,
These are two different skills, unless you can manage to have job description of your new job to be the same as in LC. Or you can leave it the way it is, provided your employer intends to hire you as a software engineer upon approval of LC, and you intend to accept it. In the meantime, do whatever you want - project management or anything unrelated.
sudhakar_p_v
05-03 12:05 AM
Thanks Dhundhun.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
snvlgopal
02-05 03:11 PM
Thanks chantu, She doesn't have AP, Do you think it is Safe only if she has AP ?
Yes, she can travel on H4 stamping. Also let her carry AP if need arises.
Yes, she can travel on H4 stamping. Also let her carry AP if need arises.
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