ak27
01-19 07:36 PM
I shall be able to join..
wallpaper casket of Princess Diana.
theoneit
02-14 05:30 PM
hi,
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
cox
April 17th, 2005, 09:31 PM
Mmmm, doesn't have a lot of stumpiness. I mean. I can see the stump, and there's nice light, but the bottom of the stump is dark, and the shape isn't defined as a stump. I think a different wider angle making the stump more obvious in it's surreoundings, or a tighter shot for an abstract pattern/texture might have worked better. I can see why you composed it as you did, there's nice light/dark balance overall, but there is no particular focal point for the eye and that leaves you sort of wandering when you look at it. My opinion, your mileage may vary...
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pani_6
09-15 08:11 PM
I was working on H1B from Sep 2002 till Jan 2006 and then converted to H4 based on my husband's H1B. No green card was started for my H1B. My husbnad's GC is in progress, but not even the labor is cleared as of now. I have been in the US on H visa (either H4 or H1B) starting from April 27'2002. Hence when my H1B (the second extension after 3 yrs) came back in 2005, it had an expiration date of April 26 2008 (allotting 6 yrs of H visa).
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
more...
GCwaitforever
05-24 09:59 PM
It depends on job duties mentioned in the LCA. For example, you might be a solution architect and this comes with experience. Some roles could be guiding junior folks, interviewing people, reviewing work done by others, project management, vendor management etc ... Essentially you need to prove your 5-year experience is worth and that is what is needed to fill your current role. Prove that this can not filled by a plain BS graduate with no experience or even a guy/girl with MS degree and no experience. DOL might be thinking why not just a BS degree or BS + 5 years = MS degree.
I am not an expert in this. Please discuss with your attorney for better advice.
I am not an expert in this. Please discuss with your attorney for better advice.
pbojja
04-15 02:52 PM
Thanks Vamshi , No worries just curious .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .
more...
mugwump
01-14 03:00 PM
I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
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logiclife
03-02 02:26 PM
No.
It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.
It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.
more...
anwaya
08-31 10:31 AM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
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pappu
12-18 10:55 AM
It was during the busy time. However logiclife did speak in that event and meet with other invited people.
more...
dreamworld
12-13 04:48 PM
Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
check your AP application here https://egov.uscis.gov/cris/jsps/login.jsp and if is says approved then call your attorney. usually this AP approval goes to attorney if you use attorney during the filling.
if the online status is not yet approved then may be they are waiting for FingerPrinting to be done. Did your FP complete?
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
check your AP application here https://egov.uscis.gov/cris/jsps/login.jsp and if is says approved then call your attorney. usually this AP approval goes to attorney if you use attorney during the filling.
if the online status is not yet approved then may be they are waiting for FingerPrinting to be done. Did your FP complete?
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kala
11-22 06:19 AM
Hi Zelwyn,
Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
Could you send me some examples of your work which will suit my needs?
Cheers
Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
Could you send me some examples of your work which will suit my needs?
Cheers
more...
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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)
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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sgsvg
12-18 05:09 PM
You can't.. It's very risky and not worth the trouble.. I tried and got denied.
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
more...
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gondalguru
07-08 08:16 PM
Depends on whether your I-140 is approved or still pending.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
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LostInGCProcess
10-26 08:22 PM
Its a shame that they still promote the 50,000 GC visas for the so called "diversity" program. And yet don't care about the 100's of thousands folks who are legally here and aspiring to assimilate with the American society and paying huge taxes (H1's do pa more taxes then citizens).
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cbpds
09-01 07:34 PM
what are u acheiving out of this poll???? get back to work !!
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gc_chahiye
09-19 07:38 PM
ronnie is right, using EAD even for a part-time job means losing your H1 status.
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kirupa
04-22 05:00 PM
The stamp looks too plain in my view :( Horizontally stretching the writing doesn't help much either.
srikondoji
06-27 01:19 PM
Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Almond
07-20 09:32 PM
They expire after a certain amount of time. Just go take them as they want you to. You don't want anything to get delayed in the future just because you don't want to be bothered with them today.
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