Saturday, July 2, 2011

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  • rajuseattle
    08-21 07:53 PM
    Can someone please post the link where you get this information?




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  • sailor24
    01-09 12:05 PM
    hi everyone,
    great info.
    finally i was able to file my petition as spouse of us citizen. 1400 $!!!
    this is my second time filing papers since 2004. we got denied for no show in interview.
    we been 5 years married and goiing strong.
    i read for one week instructions and self filed it.
    im applicant of adjust status +i131 under spouse of citizen.
    after self filed the papers, they are asking for initial evidence for i-485, wi thout that they cannot give me work permit.
    .i put on support avidavit last year our joint 1040 with 10000 $ .it is not enough so we got joint sponsor, our friend, single with 40000$ at 1040.
    i put my self as household member earning 90%. of 10000$. bad year. my wife could not work for long time.
    the trouble is that income of mine with w2, was expired work permit.
    dont ask me how because i dont know what happened i guess i forgot.:mad:
    i know how stupid of me!!
    they are asking for initial evidence of I - 485, to accept my income as household memeber, which as far as i understand to justify my earnings.
    so i guess im big trouble showing that i worked without authorization.
    please i need heads up.:confused:
    im meeting several lawyers on monday, some of them with consult fee!!
    what are my options????
    any gooood immigration lawyer in tampa, florida.
    please help!!




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  • Blog Feeds
    08-14 01:40 PM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:


    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.

    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)




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  • raydon
    03-24 11:00 PM
    I've heard about AC21. What is AC360 - some new USCIS provision ?



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  • pramodirt
    07-02 09:46 AM
    Hi All,

    I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.




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  • plassey
    08-22 04:00 PM
    Some one did fact sheets, does this jive with the fact sheet?
    Anyone got a chance to read this...

    http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation



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  • chikusri
    07-14 08:15 PM
    I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).

    "For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."

    No where it is mentioned that HYD consulate has started. Where did you find it?

    I guess I got the link:
    Consulate General of the United States Hyderabad, India - Home (http://hyderabad.usconsulate.gov/advance_doc_submission2.html)

    And it says submit your documents 4 business days prior to the interview date for H or L Visa...
    My family missed the deadline as they have appointment for Mon - any idea whether this will slow down the visa process for them?

    Thanks




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  • srn04
    01-19 12:04 PM
    Thank you very much.



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  • snathan
    02-28 11:35 PM
    For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. Again for best advise contact international center they are supposed to guide you to keep your status legal.

    What about TVU case?




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  • willIWill
    05-18 11:13 AM
    USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington

    WASHINGTON�The U.S. Department of Homeland Security�s U.S. Citizenship & Immigration Services (USCIS) and the U.S. Department of State�s Bureau of Consular Affairs are co-hosting an interagency National Immigration Conference at the U.S. Capitol Visitor Center from May 17-19, 2010.

    Over 200 congressional staffers from across the country will attend the conference to learn more about how USCIS and the U.S. Department of State work together in assisting congressional offices and their constituents. Keynote speakers include USCIS Director Alejandro Mayorkas and Assistant Secretary for the Bureau of Consular Affairs Janice L. Jacobs.

    �Each and every day we work with Members of Congress and our partners in the Department of State to address challenging immigration cases and issues,� said USCIS Director Alejandro Mayorkas. �We deeply appreciate the Congressional offices� participation in this week�s conference, which provides us all with the opportunity to discuss how we can better serve the public.�

    Speakers from USCIS, the Bureau of Consular Affairs, U.S. Immigration & Customs Enforcement, U.S. Customs & Border Protection, and the Federal Bureau of Investigation will speak on a range of topics including immigration systems; citizenship and naturalization, humanitarian parole, intercountry adoptions, international child abductions, emergency assistance for U.S. citizens, and employment based visas.

    USCIS - USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=823c11fd267a8210VgnVCM100000082ca60aRCR D&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190a RCRD)



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  • innervoice
    07-15 12:16 PM
    I have a EAD valid for next 2 years and H1 is also valid till Nov 2010, my employer want to cancel my H1 and to put me on EAD. Is there any kind of risk involved in doing so, Please suggest.




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  • Blog Feeds
    11-03 07:00 PM
    An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...

    More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)



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  • PD1006
    08-04 11:51 AM
    Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.

    I like that. Thanks for posting the update.

    I do not see any change in the verbiage for case status for the applications we filed. Or is it their intent that "Initial Review" is such a specific status to our application?

    PD1006




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  • surya.kant
    06-19 01:42 PM
    My Client due to some reasons unable to offer fulltime position . But they are extending my project bt 2- 2 months . Now they extended till Aug 2009 . My visa is expiring in sep 2009 .

    Should I ask my employer to file extention Now ? or should I file in August ?

    If there is a chance that client will offer fulltime job in next 2 months, consider waiting till aug for h1 extesnion, otherwise file for extension now. CIS may need end client letter for H1 extension.


    Surya



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  • ivgclive
    04-25 04:24 PM
    Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.

    1. Will there be any issues?
    2. What am I supposed to say for this question in the visa application website?
    "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)

    The VFS website says the following:

    "The following applicants do NOT qualify for appointments in the visa renewal category:

    Applicants who have a U.S. visa that expired more than 12 months ago.
    "

    Thanks.


    1. Any Issues?
    As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.

    2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.




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  • gcisadawg
    04-29 02:23 PM
    What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?

    The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.

    If I've I-485 pending, i would never travel without an AP.

    -GCisaDawg



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  • Krilnon
    12-01 09:11 PM
    What kind of awesome university do you go to that assigns Flash+Silverlight combo projects?




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  • Giles08
    03-31 11:18 PM
    Hello everyone:

    I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.

    Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.

    I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?

    Thanks!




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  • ps57002
    09-30 08:00 AM
    Interesting is they say "you may have trouble coming in" but for valid h1 holders it should not be a problem (wasn't for me..i traveled). They didn't say anything about "it will be considered abondonment of AOS or have negative impact on it"




    pappu
    06-07 02:10 PM
    Congress.org - News : Why Bill Gates cares about immigration (http://www.congress.org/news/2010/05/24/why_bill_gates_cares_about_immigration)

    Why Bill Gates cares about immigration
    Foreign workers have a stake in fight to change laws.

    Activists on both sides of the immigration debate tend to focus on the millions of illegal immigrants whose fate rests on whether Congress passed a law.

    But foreigners here legally also have a stake in this fight.

    The U.S. issues temporary worker visas, called H-1B after their official classification, to thousands of non-residents each year. Often, they hold college degrees and have technical skills.

    Microsoft and other technology companies hire many workers this way. They often have to prove they can't hire skilled U.S. citizens to fill those jobs first.

    Bill Gates wrote in the Washington Post several years back that there is an employment gap that H-1B visas help fill:

    This issue has reached a crisis point. Computer science employment is growing by nearly 100,000 jobs annually. But at the same time studies show that there is a dramatic decline in the number of students graduating with computer science degrees.

    The United States provides 65,000 temporary H-1B visas each year to make up this shortfall -- not nearly enough to fill open technical positions.

    H-1B workers, who have united under grassroots groups like Immigration Voice , want more than just an increase in visas. They want the government to streamline the rules.

    Currently, the workers have to apply for green cards through their employers, often a lengthy and cumbersome process. They can't switch jobs easily and sometimes have to reapply for a visa even if they move jobs within the same company. They have to leave the country every few years before they can reapply for a visa.

    The workers can also apply for a spouse to come to the U.S., but their partners are not allowed to work under the H-4 status granted to them. The activists argue that those individuals represent a skilled base of workers who could contribute to the U.S. economy and help pay for household expenses.

    Powerful corporations back the H-1 B workers in their demands, since it would make it easier for them to hire skilled workers. But groups like Numbers USA argue that those companies shouldn't hire non-residents at a time when many Americans are jobless.

    -- Ambreen Ali, Congress.org




    anishNewbie
    09-04 06:32 PM
    Below are the 2 listed jobs.. I am currently working as 15-1051.00 Computer Systems Analysts for XXX comp... I have been working for more than 3 years.. They are planning to file my GC soon..

    I know for a fact that you cannot count current employer exp for GC. If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??

    Also do i have to file a new H1 for this 15-1031.00 Computer Software Engineers, Applications job from same employer ??

    All Attorney/ Senior memeber.. please guide me on this..

    15-1051.00 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. May supervise computer programmers.

    15-1031.00 Computer Software Engineers, Applications
    Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.



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