nat23
12-11 09:48 AM
I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
wallpaper I think this new Star Trek
immigration1111
08-12 10:35 PM
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
2. Will it be a letter or an email from USCIS?
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Really appreciate your answers!
Thank you very much!
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
2. Will it be a letter or an email from USCIS?
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Really appreciate your answers!
Thank you very much!
ramaonline
12-27 05:13 PM
TR - RIR has been documented in the DOL FAQ
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
2011 Ro Laren – Star Trek: The Next
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)
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)
more...
intelarv
07-29 02:52 PM
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
we_r_d_world
09-18 02:45 PM
I know people work for county on EAD, but can one be employed by the US government on EAD?
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
more...
pappu
07-30 11:23 AM
July 29, 2010
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
2010 Star Trek #39; actor George Takei
ChalapathiChitturi
07-22 03:23 AM
I got my I-140 (EB3) approved with the priority date of November-2004.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
more...
lucky123
04-13 06:25 AM
That sounds good to me...
Thank you for the information....
Thank you for the information....
hair Other roles and cameo
black_logs
05-08 02:02 PM
I read this quote in RD, sorry I forgot who said it!!!
'U.S. is a big conspiracy to make you feel happy'.
'U.S. is a big conspiracy to make you feel happy'.
more...
kishorek111
06-28 02:16 PM
do you really need to worry about this? Here are your options...
1. Let your children keep Indian citizenship... Don't report about your Canadian citizenship to Indian authorities... Travel separately to India.. Don't take your kids with you... might be call your parents and ask them to take your kids... I don't think it would be a problem while coming back....and I don't think Indian authorities will find it....
2. Get Canadian citizenship for your kids and take OCI card... They can always get back their Indian citizenship later
1. Let your children keep Indian citizenship... Don't report about your Canadian citizenship to Indian authorities... Travel separately to India.. Don't take your kids with you... might be call your parents and ask them to take your kids... I don't think it would be a problem while coming back....and I don't think Indian authorities will find it....
2. Get Canadian citizenship for your kids and take OCI card... They can always get back their Indian citizenship later
hot THE GAME GETS A STAR TREK
ssdtm
11-30 04:38 PM
- My friend has not been paid by his current employer. So no pay-stubs what so ever
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
more...
house an acclaimed cameo in quot;The
Blog Feeds
06-24 01:20 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection (http://www.aila.org/content/fileviewer.aspx?docid=31614&linkid=220246) for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.
During this period, USCIS will be evaluating whether to revise Form I-102 (http://www.uscis.gov/files/form/i-102.pdf).
The purpose of the form: for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.
Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.
Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue, NW
Washington, DC 20529-2210
Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.
**When submitting comments by e-mail, please make sure to add OMB Control No. 1615�0079 in the subject box.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_issues_extended_informat_1.html)
The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection (http://www.aila.org/content/fileviewer.aspx?docid=31614&linkid=220246) for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.
During this period, USCIS will be evaluating whether to revise Form I-102 (http://www.uscis.gov/files/form/i-102.pdf).
The purpose of the form: for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.
Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.
Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue, NW
Washington, DC 20529-2210
Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.
**When submitting comments by e-mail, please make sure to add OMB Control No. 1615�0079 in the subject box.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_issues_extended_informat_1.html)
tattoo The heart of Star Trek (as
babuworld
01-01 06:49 PM
Hi Team
Listen to this clip in this.
http://www.npr.org/templates/story/story.php?storyId=6705905&ft=1&f=1001
Thanks,
babuworld
Listen to this clip in this.
http://www.npr.org/templates/story/story.php?storyId=6705905&ft=1&f=1001
Thanks,
babuworld
more...
pictures Why Isn#39;t Tyler Perry A Bigger
DDLMODES
07-08 08:33 AM
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
How did you get paid for it ?? It went to taxes through your social security # like a regular job ??
How did you get paid for it ?? It went to taxes through your social security # like a regular job ??
dresses Zoe Zaldana and Star Trek
sircaustic
01-02 08:59 PM
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Thanks Sreenivas for taking time to reply!
I have another cpl. of questions:
- After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
- Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"
Some insight will be much appreciated!Thanks!
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Thanks Sreenivas for taking time to reply!
I have another cpl. of questions:
- After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
- Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"
Some insight will be much appreciated!Thanks!
more...
makeup STAR TREK EASTER EGGS
sabgau
06-16 07:19 PM
I have an appointment in Toronto next month and today I got a voice message from the US embassy in Canada saying that there could be processing delays of days or months and the decision will be taken by the visa office during the interview. Has anyone else got this kind of message?
girlfriend Single Post - Star Trek 11
solaris27
10-17 12:33 PM
http://www.maggio-kattar.com/
hairstyles Star Trek Movie 2009 Torrent
copsmart
11-21 07:22 PM
I wonder when the USCIS will learn to stop playing games with our lives?
Here is my story…
I got my EAD card and AP document last month with a wrong date of birth printed on both documents due to USCIS error.
My Attorney contacted USCIS and he was advised to send the documents back for correction with no fees.
So, we refiled the application and attached the documents. Unfortunately, the entire package was returned to my Attorney requesting USCIS filing fees.
Now, we have filed a complaint with the USCIS Ombudsman’s office and requested their assistance in resolving this problem.
I am planning to use AC21 in Jan ’08, so I am desperately in need of EAD.
Has anyone ever been through similar situation? Do you know how long it will take to process a case at the Ombudsman’s office?
Also, if it is going to take another 2-3 months to get the corrected EAD, am I going to lose all those days or USCIS will print a new expiration date on my card?
Any comments or suggestions would be greatly appreciated.
Here is my story…
I got my EAD card and AP document last month with a wrong date of birth printed on both documents due to USCIS error.
My Attorney contacted USCIS and he was advised to send the documents back for correction with no fees.
So, we refiled the application and attached the documents. Unfortunately, the entire package was returned to my Attorney requesting USCIS filing fees.
Now, we have filed a complaint with the USCIS Ombudsman’s office and requested their assistance in resolving this problem.
I am planning to use AC21 in Jan ’08, so I am desperately in need of EAD.
Has anyone ever been through similar situation? Do you know how long it will take to process a case at the Ombudsman’s office?
Also, if it is going to take another 2-3 months to get the corrected EAD, am I going to lose all those days or USCIS will print a new expiration date on my card?
Any comments or suggestions would be greatly appreciated.
va_dude
02-04 01:04 PM
I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
MTsoul
04-03 01:15 PM
http://www.eboris.com/images/mail.gif support@eboris.com (support@eboris.com)
http://www.eboris.com/interface/icq1.gif 55054820 (http://wwp.icq.com/scripts/contact.dll?msgto=55054820)
http://www.eboris.com/interface/icon_messenger01.gif borisbord@msn.com
http://www.eboris.com/images/phone.gif (805) 984-4166
http://www.eboris.com/images/fax.gif (888) 287-0699
You've got your own 800 numbers! That's so kool!
Okay, this is a bit off topic, but where did you get those? :p:
http://www.eboris.com/interface/icq1.gif 55054820 (http://wwp.icq.com/scripts/contact.dll?msgto=55054820)
http://www.eboris.com/interface/icon_messenger01.gif borisbord@msn.com
http://www.eboris.com/images/phone.gif (805) 984-4166
http://www.eboris.com/images/fax.gif (888) 287-0699
You've got your own 800 numbers! That's so kool!
Okay, this is a bit off topic, but where did you get those? :p:
