QuickGreenCard
04-20 05:57 PM
Hey gc28262,
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
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ilwaiting
09-27 11:26 AM
Unless one were being paid a EB2 salary back then but employer filed you in EB3.
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
gconmymind
05-29 11:17 PM
ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
Error while sending fax....
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
Error while sending fax....
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net
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Suva
10-28 11:07 AM
Happy Diwali to every one here in IV...
more...
bestofall
09-16 03:29 PM
I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
rb_248
10-16 08:05 PM
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
more...
cygent
05-24 02:24 PM
Why can't every Indian residing in US come together and make a pledge to not work even for one day throughout the US. Then they will know how much they need us and how big impact they will have on their economy.
Sureee mate! Then let all Chinese take away the jobs... Hahahaha!! Indians so gullible. Wat you think man? They are nothing in this country, they will be wayyy better off if you don't work for 1 day. 1st try & bring your family together, forget about rest of Indians. Hahahahaha.
It's all about power in numbers - i.e. Whites, Hispanics, Blacks - in that order. Indians are a drop in US ocean, besides they all hate each other. So what are you gonna do? Hahahaha. Stupidos.
PS: This website NOT just for Indians. So please take off your blinders. ALL OF YOU who assume that.
Sureee mate! Then let all Chinese take away the jobs... Hahahaha!! Indians so gullible. Wat you think man? They are nothing in this country, they will be wayyy better off if you don't work for 1 day. 1st try & bring your family together, forget about rest of Indians. Hahahahaha.
It's all about power in numbers - i.e. Whites, Hispanics, Blacks - in that order. Indians are a drop in US ocean, besides they all hate each other. So what are you gonna do? Hahahaha. Stupidos.
PS: This website NOT just for Indians. So please take off your blinders. ALL OF YOU who assume that.
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meg_z
08-14 02:54 PM
Any cuban sets foot on US land is allowed to stay legally.
This is wierd.
so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
Wow, this goes to show how powerful the cuban lobby is!!
With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!
This is wierd.
so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
Wow, this goes to show how powerful the cuban lobby is!!
With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!
more...
dealsnet
01-13 10:06 AM
Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:
I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.
Or, if it has been a long time since it is current try contacting the Ombudsman.
I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.
Or, if it has been a long time since it is current try contacting the Ombudsman.
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help43
09-11 05:03 PM
i am applying for H1-B amendment before going to the stamping
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
more...
seahawks
09-11 08:02 PM
Congratulations, we have 23 members join the local WA state chapter! Welcome everyone who signed up. Calling all WA state, Oregon members to please sign up with the group link below. We need as much support as we can to support IV initiative.
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blah45
10-09 06:26 PM
Called USCIS and my information is still not in their database. The operator asked me to call again later.
:(:mad:
:(:mad:
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bmoni
08-20 03:21 PM
@acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
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digmetalq
04-23 03:29 AM
Tell your employer that you need a second opinion, consult with a reputed lawyer, and then choose your options.
more...
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seekerofpeace
09-14 11:15 PM
APB,
Your case is prior to me in terms of PD. Almost all my 2004 friends are approved. While I am approved but no cards becoz of biometrics issue...wife's is still pending.
Are you a transfered case too? Did you take any infopass apt etc what did u learn.
I am not sure what more I can do to help move my wife's case...I am one of the extremely rare half approval cases...almost everyone I know of all the dependents got approved with the primary applicant.
Cheers
SoP
Your case is prior to me in terms of PD. Almost all my 2004 friends are approved. While I am approved but no cards becoz of biometrics issue...wife's is still pending.
Are you a transfered case too? Did you take any infopass apt etc what did u learn.
I am not sure what more I can do to help move my wife's case...I am one of the extremely rare half approval cases...almost everyone I know of all the dependents got approved with the primary applicant.
Cheers
SoP
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pwilliams960
02-07 12:02 AM
The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.
more...
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Blog Feeds
08-06 08:10 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
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waitingnwaiting
01-26 11:10 AM
01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
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sodh
07-27 05:03 PM
And one more thing notarize the request, its not neccesary,but its better to be safe.
kirupa
01-01 09:02 PM
I've updated the guidelines to reflect these two issues.
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
mzafar125
05-11 12:39 PM
Hello,
I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?
This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.
Thanks!
I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?
This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.
Thanks!
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