Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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DDLMODES
07-05 02:48 PM
Until they say is open again, it is still closed.
I don't think they will say that until 2 weeks have passed and they put out all I-140's they had in premium processing...
I don't think they will say that until 2 weeks have passed and they put out all I-140's they had in premium processing...
fcres
08-14 03:37 PM
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
2011 kaya scodelario effy.
GCaspirations
10-02 11:53 AM
Can one apply for Social Security # after getting EAD card ?
Once you received your EAD card, you can apply for SSN.
Once you received your EAD card, you can apply for SSN.
more...
plreddy
08-20 12:51 PM
My 485 was approved on 8/11/2008 , where as wife's case is still pending.
PLREDDY
PLREDDY
drirshad
04-20 02:59 AM
http://hammondlawgroup.blogspot.com/
Thursday, April 19, 2007
Crystal ball gazing ........
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes �
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June time frame. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Thursday, April 19, 2007
Crystal ball gazing ........
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes �
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June time frame. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
more...
mrdelhiite
08-07 05:55 AM
I filed my 485 on 2nd July and I am in process of filing 485 for my wife soon. I wana document and ask if there anything different from my 485 filing. Also can someone provide a list of supporting documents that I need attach to her application. I do have a rough list of mine but i wana make sure i dont miss anything.
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
2010 In This Photo: Kaya Scodelario
NikNikon
May 23rd, 2005, 08:36 AM
The first one is definitely my fav, the only critique I have is it looks like the polarizer needed rotated so the darkened portion of sky would been horizontal instead angled.
more...
skd
01-12 02:17 PM
Skd, it was nice of you .. I gave you green :)
God Bless everyone and everywhere.
God Bless everyone and everywhere.
hair Kaya Scodelario when she was
eager_immi
01-31 01:47 PM
i don't get it how can he help?
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
more...
blacktongue
01-20 11:32 AM
Any EB3 here?
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
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dbevis
October 27th, 2003, 07:41 AM
Some shots from yeasterday at and around the Delaware Water Gap:
http://www.pbase.com/image/22684252
I really like that waterfall shot.
http://www.pbase.com/image/22684252
I really like that waterfall shot.
more...
house (Kaya Scodelario by ~B)
Daisy
10-26 10:31 AM
I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
tattoo Kaya Scodelario at the BAFTAS:
LostInGCProcess
08-26 01:20 PM
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
more...
pictures Effy Stonem (Kaya Scodelario)
tinuverma
03-17 01:44 PM
Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
dresses Kaya Scodelario: New Skins
123456mg
07-29 04:16 AM
Hi there,
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
Hmmm..... good idea! Looks like you have a baby......
I do not think in any country there are such laws in place. Why don't you write it to US congress and see if it gets passed!! You will find yourself at the end of few million illegal latinos.
Good luck buddy!!
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
Hmmm..... good idea! Looks like you have a baby......
I do not think in any country there are such laws in place. Why don't you write it to US congress and see if it gets passed!! You will find yourself at the end of few million illegal latinos.
Good luck buddy!!
more...
makeup Kaya Scodelario TCT Special
snathan
04-19 12:15 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.
girlfriend Kaya Scodelario
sweet_jungle
09-24 01:16 PM
[QUOTE=thepaew;292857]It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N[/QUOTE
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N[/QUOTE
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
hairstyles Kaya Scodelario and Nicholas
radhay
05-15 12:13 PM
I think there can be only one AOS pending however you should be able to replace underlying 140 with another. Not sure how to go about.
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
pappu
08-16 12:16 PM
While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
yes correct.
they have their own immigrationvoice http://www.vbsi.org.uk/
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
yes correct.
they have their own immigrationvoice http://www.vbsi.org.uk/
InTheMoment
07-12 01:36 AM
Hang on mann! no need to jump to conclusions yet...
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