svam77
12-04 04:02 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
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gc_nebraska
01-08 02:49 PM
Pady! My PD similar to yours , I got an RFE in Sep '08 currently my status says " case received and resumed" but no reply so far . do you think i should take an info pass too ?
Blog Feeds
10-05 09:40 AM
What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
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sumanitha
04-05 09:55 PM
I read this article in Morningstar and felt bad!
More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)
The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.
According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.
An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.
and the story continues................... :mad:
More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)
The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.
According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.
An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.
and the story continues................... :mad:
more...
chinna2003
05-15 09:27 AM
My EB1 is not a very strong case as it is, so we are relying on the EB3 petition. I will definitely correct my profile as suggested.
No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQ_iKr6_V9F2J9GlHf0Sh_QKl6dCgWRB4OiJUzvURUBxkK1UbCz19Pb1gOnQHwgyuEPeNVDu15hCfILFHHnFeVfCrxiNiCjNad47pW-oSqAeYS019eh8MoUBq3AmR3dG3xbsZWXZHbXQPM/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQ_iKr6_V9F2J9GlHf0Sh_QKl6dCgWRB4OiJUzvURUBxkK1UbCz19Pb1gOnQHwgyuEPeNVDu15hCfILFHHnFeVfCrxiNiCjNad47pW-oSqAeYS019eh8MoUBq3AmR3dG3xbsZWXZHbXQPM/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
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FinalGC
04-13 09:02 AM
Ask your husband to contact a good lawyer like www.murthy.com or www.shusterman.com or www.immigration.com. You will have to pay for their services and I am sure you will get what you need. American Dream is not cheap for the first immigrants......There are tons of bad lawyers out there, so get your job done through a goood one.
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kirupa
04-22 04:35 PM
Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!
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eb3_nepa
02-06 12:03 PM
Excellent words Ragz,
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
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morchu
05-24 01:25 AM
SSN is not really a requirement to start to work. So the answer to your question is NO, she dont need SSN to work on EAD.
But in a practical scenario she need an SSN to work (see below reasons).
SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
Does she need SSN to work on EAD?
But in a practical scenario she need an SSN to work (see below reasons).
SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
Does she need SSN to work on EAD?
more...
wandmaker
02-25 04:08 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
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doudou
02-25 09:03 PM
Can someone travel with AP with an expired passport? Thank you.
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wandmaker
11-27 01:25 PM
fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.
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rkdnc9
03-27 11:08 AM
Hi All,
Firstly, thanks to all my friends and Mods for the help/suggestions given in past.
Please guide in the following situation. My sister is on F1 visa. She went to India taking a semester break. This is her second Masters degree. She initially came on F1 and finished MBA and worked on OPT for 1 year and again joined second Masters and during which she took a semester break and went to India. Her husband is on H1 visa. She wants to apply for H4 visa. What is the procedure? She wants to discontinue her study after she applies for H4. Is this possible? Her next semester starts from June. Is it possible for her to get H4 before June if she applies now(while in India or after coming back) and then discontinue her master from then on? What documents would she need from her husband(pertaining the job) to apply for h4?
Please suggest.
Thanks in advance...
Firstly, thanks to all my friends and Mods for the help/suggestions given in past.
Please guide in the following situation. My sister is on F1 visa. She went to India taking a semester break. This is her second Masters degree. She initially came on F1 and finished MBA and worked on OPT for 1 year and again joined second Masters and during which she took a semester break and went to India. Her husband is on H1 visa. She wants to apply for H4 visa. What is the procedure? She wants to discontinue her study after she applies for H4. Is this possible? Her next semester starts from June. Is it possible for her to get H4 before June if she applies now(while in India or after coming back) and then discontinue her master from then on? What documents would she need from her husband(pertaining the job) to apply for h4?
Please suggest.
Thanks in advance...
more...
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Ann Ruben
04-23 06:39 PM
This depends on the quid pro quo for the equity shares. Are they being given to you in exchange for a passive capital investment in the company or as compensation for work you have performed or are performing?
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martinvisalaw
06-18 01:05 PM
If the non-profit that she plans on working for is (a) affiliated with an institute of higher education; or (b) a research organization;
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
more...
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Mogus
09-25 10:38 AM
I have a valid H1-B visa till November 2011from Company A. I joined Company B in July 2009. I have got my Company B approval notice I-797 from USICS.
Due to my fathers health I'm travelling to Pakistan in October for a one week vacation. I have my approval notice from Company B and the visa transfer is done. My new approval notice is till June 2012.
My question is do I have to go for stamping when I go to Pakistan because I changed companies even though I have a valid visa from my previous company and an approval notice from my current company?
I will highly appreciate your Quick help in this regards.
Thank you very much.
Due to my fathers health I'm travelling to Pakistan in October for a one week vacation. I have my approval notice from Company B and the visa transfer is done. My new approval notice is till June 2012.
My question is do I have to go for stamping when I go to Pakistan because I changed companies even though I have a valid visa from my previous company and an approval notice from my current company?
I will highly appreciate your Quick help in this regards.
Thank you very much.
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intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
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atleasth1b
08-22 05:08 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
immigrationmatters30
07-30 02:00 PM
OP is referring to this post
http://immigrationvoice.org/forum/archive/index.php/t-22242.html
Can you please confirm this is right or wrong?
http://immigrationvoice.org/forum/archive/index.php/t-22242.html
Can you please confirm this is right or wrong?
dilbert_cal
05-08 07:59 PM
Once you have two pay stubs , you can change the company. You can change even with a single pay stub but with two you are much safer.
Its a very debatable thing to discuss whether leaving so soon is good or not ..... wont go into it. You should always do what is best for you and your family. Everything else comes later.....
Its a very debatable thing to discuss whether leaving so soon is good or not ..... wont go into it. You should always do what is best for you and your family. Everything else comes later.....
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