Wednesday, June 15, 2011

2010 Hyundai Santa Fe

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  • Blog Feeds
    08-20 02:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

    Answer #1
    Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


    Question #2 � Employment Based Immigration � Green Card
    We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

    Answer #2
    If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

    Answer #3
    The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.


    Question #4 � Employment Based Immigration � Green Card
    I just received my Green Card, what do I do now?

    Answer #4
    USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.


    Question #5 � General � Social Security Card
    How and when can I get a Social Security Card?

    Answer #5
    Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.


    Question #6 � Employment Based Immigration - Green Card
    My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

    Answer #6
    If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.


    Question #7 � Employment Based Immigration � Labor Certification
    What is the difference between the old process for obtaining labor certification and the new PERM process?

    Answer #7
    In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.


    Question #8 � Employment Based Immigration - Green Card
    The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

    Answer #8
    If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.


    Question #9 � Employment Based Immigration � Green Card
    My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

    Answer #9
    Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    How many H1 nonimmigrant visas are left?

    Answer #10
    As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 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.


    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, September 3, 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_2.html)





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  • BimmerFAn
    06-23 12:58 PM
    Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.

    Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).

    I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.

    As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."

    Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.

    I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.





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  • reddy77
    04-13 02:36 PM
    So did you answer the RFE ? ....

    Thanks Guys ..... Nah, I am still waiting for that, will update you once I got it ....





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  • admin
    05-18 10:40 PM
    The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(

    The title was something that the journalist came up with so that it will capture the attention of it's viewers. So please don't read too much into it.



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  • STAmisha
    06-20 07:46 AM
    Friends

    Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process





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  • hydubadi
    02-04 08:32 AM
    I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.

    I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.

    may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:



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  • sk26
    04-13 05:30 PM
    Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...

    No, I did not recive any RFE on my wife's 485 application.





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  • Ryall
    09-06 12:12 AM
    yeah I like the updated splash... and about my page... I know it is huge it is in NO way permenent... just something I am toying with, I'll end up only using elements of different pictures on that page for my splash.. plus I didnt compress the images at all - like I said VERY temporary. I'll let you all know when I update my splash along with my new site

    Peace

    PS really cool new footer dan, also Lost - I think yours is great too, simple but VERY grabing effect!!!



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  • willigetagc
    08-19 09:27 AM
    Folks,

    I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.

    PD: 10/2002
    I-140 - Approved Jan 2007
    Category - EB3, ROW

    relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.





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  • drirshad
    07-24 03:21 AM
    You can try hide her in the suitcase u r carrying or get a tourist visa for Canada then get F-1 in Canada as independent then travel in by road ..........

    Or u can try hire a coyote on mexican border and get in walking thru the border during the night ...



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  • delhirocks
    07-08 04:28 PM
    Good Job...





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  • san3297
    06-29 03:36 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.



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  • PHANI_TAVVALA
    10-10 10:36 AM
    When a person is on H1B with a multi-national company, he/she is an full-time employee of its U.S division and has nothing to do with the company's overseas SBU's. Even if the employee has worked at overseas division and later moved to U.S on H1B, USCIS considers the employee to have been hired fresh due to difficulty the company faced in hiring an qualified American in U.S.

    Your husband is allowed to stay in U.S (until validity of H1B) as long as you do not resign your job in U.S. But if you move to India permanently to work at your company's Indian subsidary you are automatically considered to have resigned your job in U.S. At this point your H1B becomes invalid as soon as you leave U.S and thereby your husband's H4 becomes invalid too. If he stays in U.S despite this (without changing to an alternate visa) he will be accruing out-of-status stay which will allow DHS to ban him from U.S for 3-10 years.





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  • lazycis
    10-06 01:22 PM
    The law says (8 USC 1154):
    "(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."



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  • lj_rr
    08-06 12:52 PM
    Congrats.
    Labor filing date(not approval date) is your PD.What was the filing date?

    It is EB2, labor approval date is my PD - No idea, why profile does not show up.





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  • apb
    08-17 10:03 PM
    See all of you in rally !.

    And you will there with your friend...//wink.. correct.



    more...


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  • japs19
    01-07 02:57 PM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

    I am not a lawyer so it would be best to consult one.





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  • styrum
    03-14 02:09 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.

    My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.





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  • webm
    02-14 09:28 AM
    "If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."

    I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.

    HTH,





    arunmohan
    11-14 03:51 PM
    Thank you roseball. What is H1 COE?





    mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?



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