martinvisalaw
04-19 02:37 PM
USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
hoolahoous
10-28 01:26 PM
This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
roseball
03-08 09:21 AM
looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
h1techSlave
04-02 03:30 PM
Did your status change after submitting the affidavits?
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
more...
prasadn
03-01 08:27 PM
When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
divs09
06-19 11:54 AM
Hello Unseenguy,
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
more...
abhijitp
08-02 05:30 PM
Greg has picked this from ..
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
whitecollarslave
01-28 05:04 PM
Sabeer Bhatia - Hotmail
Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
Deepak Chopra
I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
Thanks.
Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
Deepak Chopra
I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
Thanks.
more...
magician7989
09-05 05:00 PM
Anybody going to the DC Rally. We really need to lobby for change in the immigrations system. Immigrants inject a lot of wealth of capital and wealth in the US.
small2006
07-17 10:51 AM
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?
Thanks.
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?
Thanks.
more...
surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
kaisersose
07-17 04:46 PM
Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.
No minimum period is necessary and firing will not have any negative impact.
No minimum period is necessary and firing will not have any negative impact.
more...
gccube
04-24 10:47 AM
Mine is a substitute labor.
senthil1
04-04 09:57 PM
If you stay out of country for long time CIS may consider that you may abandon GC.
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
more...
guesswho
03-14 06:19 PM
I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
Norristown
10-15 11:49 AM
Also carry the proof (H1b receipt notice) that your H1b is applied waiting for the approval and letter from your employer that they have applied for H1 extension.
more...
jkays94
05-30 10:10 PM
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
crazyghoda
09-09 10:09 AM
You don't need SSN to apply for a passport for a baby.
Where did you hear that from? The passport application form has a field for the SSN and I dont think its optional.
We had our baby last month but SSN in IL takes 12 weeks and they refused to give it over the phone. I dont think I have much of a choice but to wait it out till I get the SSN to be able to plan any trip to India to see the grandparents.
If you have any link that states that SSN is optional for passport, please let me know.
Where did you hear that from? The passport application form has a field for the SSN and I dont think its optional.
We had our baby last month but SSN in IL takes 12 weeks and they refused to give it over the phone. I dont think I have much of a choice but to wait it out till I get the SSN to be able to plan any trip to India to see the grandparents.
If you have any link that states that SSN is optional for passport, please let me know.
MatsP
January 28th, 2008, 05:06 PM
I don't know how to explain this in any sensible way without sounding like a nitpicking pedand (but I can't just "not say it"), but my point about the "DOF is always the same for the same framing", was particularly to point out that wide-angle lenses are good for close-to-subject-and-crop, but it does NOT magically give you different focusing or DOF behaviour - it's still the same for the same framing of the subject.
Depending on the layout of the house, using a longer focal range can actually help - there is less rotation of the camera, and that means less change in distance to the subject, meaning that it's easier to get the focus - but that assumes large open areas in the house, which doesn't work well in some situations (my house has no place where you can see much more than about 15 feet in a straight line). It has an added advantage of "you stand further away, so you don't disturb the children quite so much".
--
Mats
Depending on the layout of the house, using a longer focal range can actually help - there is less rotation of the camera, and that means less change in distance to the subject, meaning that it's easier to get the focus - but that assumes large open areas in the house, which doesn't work well in some situations (my house has no place where you can see much more than about 15 feet in a straight line). It has an added advantage of "you stand further away, so you don't disturb the children quite so much".
--
Mats
pappu
05-24 10:18 AM
all new members, pls bring in more people like us to this forum.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
Anders �stberg
March 4th, 2004, 01:47 AM
No disrespect. Just wondered what it would look like from every angle.
Oh, did you mean one at a time? :)
Fred
http://www.dphoto.us/forumphotos/data/581/334Stair_Kal.jpg
That's great! The lines in the photo really works well with this idea. Creative! :)
Oh, did you mean one at a time? :)
Fred
http://www.dphoto.us/forumphotos/data/581/334Stair_Kal.jpg
That's great! The lines in the photo really works well with this idea. Creative! :)
