weasley
10-20 06:06 PM
I think you have got knowledgable response.
1. It is illegal to work on H4.
2. Your wife is OOS.
3. You need a good lawyer.
You cannot expect better response than these unless you are expecting IV members to suggest some illegal ways to overcome your situation (if you are truly in that situation). I am sure you are not going to get any response than above as IV stands for Legal Immigration.
Still looking for a knowledgeable response specifically to the questions asked.
1. It is illegal to work on H4.
2. Your wife is OOS.
3. You need a good lawyer.
You cannot expect better response than these unless you are expecting IV members to suggest some illegal ways to overcome your situation (if you are truly in that situation). I am sure you are not going to get any response than above as IV stands for Legal Immigration.
Still looking for a knowledgeable response specifically to the questions asked.
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pa_arora
05-15 07:08 PM
Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?
Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.
Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.
rajuram
11-23 09:40 PM
Also include some text which says that you were an fulltime employee (40 hrs per week)...
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perm2gc
08-30 12:50 PM
Dear IV Members,
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure
more...
permfiling
02-01 09:52 PM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
siravi
08-06 04:38 PM
will be there as well.
more...
matreen
10-12 11:32 PM
Thanks. Can someone get me USCIS contact number to get the status on receipts.....
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tabletpc
07-30 09:13 AM
Sad to know about u r situation and hope u will get out of it soon.
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
more...
mrajatish
05-21 12:34 PM
How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.
An USCIS memo in mid 1990's had this:
The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
I was just searching uscis.gov and I found this very interesting !
Now the question is: Who is wright?
Check this out!
d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.
" The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).
Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.
The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.
An USCIS memo in mid 1990's had this:
The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
I was just searching uscis.gov and I found this very interesting !
Now the question is: Who is wright?
Check this out!
d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.
" The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).
Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.
The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.
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madhu345
03-14 07:09 AM
From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
more...
raysaikat
07-30 07:18 PM
I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
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nogc_noproblem
08-06 12:52 PM
CONGRATS!!!
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
more...
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Ann Ruben
06-29 03:00 PM
Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.
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logiclife
02-27 11:51 AM
This decision is too important for you, it seems, and I would consult a lawyer for best course of action because the users on forums are not lawyers and they can give you options, but it may not be the best option.
Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.
Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.
more...
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pragir
12-12 04:10 PM
There are literally no unapproved cases for EB2 India in before Jan 2000. There are a number of them in 2000/01/02. So, I think moving the date back to Jan 2000 is a way for DOS to pretty much shut off the spigot before they start opening it up slowly again.
I think that for the rest of the year, they will advance the PD for EB2-India month by month so they dont have a glut of demand for visa numbers.
I think that for the rest of the year, they will advance the PD for EB2-India month by month so they dont have a glut of demand for visa numbers.
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roseball
04-14 07:22 PM
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
more...
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gcformeornot
04-08 11:59 AM
Its time to file for my EAD. I was wondering what option people prefer most these days. Online or Paper?
Please vote.
Please vote.
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mrsr
07-17 05:47 PM
Murthy is big time crap
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Zee
04-06 06:10 AM
http://www.nytimes.com/2006/04/06/washington/06immig.html?_r=1&oref=slogin
http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
hmehta
09-12 07:20 PM
Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
bathuzp
11-11 02:30 PM
where can i find this free attorney on net and do u have a number that i could call at.
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