mallikonnet
07-06 10:41 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
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nvishy
05-12 09:36 AM
You have no other option except to wait in Toronto. If the consulate decides to issue visa, then there is no need to go to stamping in India as they will issue the visa themselves.
h4visa
07-27 12:24 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help
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01-07 02:56 PM
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09-08 08:34 AM
Ohio Bans Outsourcing - Another blow for Indian Software companies � OnlySoftwareBlog (http://onlysoftwareblog.com/2010/09/ohio-bans-outsourcing-%E2%80%93-another-blow-for-indian-software-companies/)
peer123
04-03 07:20 PM
Thanks for your inputs,... I welcome others thoughts and experience on this topic
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05-25 08:26 AM
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naturopathicpt
06-26 05:32 PM
I appreciate your reply but I cannot understand what you mean on your first response Atty. Prashanthi. Some of my questions on my first statement have not been answered.
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partha_vus
06-15 10:52 PM
Thanks for the reply.
But i filed GC 6 times i had three approved I 140's with different priority dates.
I missed filing my 485 couple times.
thanks,
But i filed GC 6 times i had three approved I 140's with different priority dates.
I missed filing my 485 couple times.
thanks,
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srikondoji
11-21 07:52 AM
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
more...
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06-09 06:51 PM
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smccrea
03-14 05:31 PM
What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?
more...
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trexx7
12-24 01:15 PM
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
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02-14 12:54 AM
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09-14 03:58 PM
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06-03 09:11 AM
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pradeep_s
12-20 09:17 AM
Thanks perm2gc!
Can you please tell me what you mean by labor. Is it the I-797 Notice of action (approval notice) for H1b, and letter from my current employer stating my current job status?
Thank you,
pradeep
Can you please tell me what you mean by labor. Is it the I-797 Notice of action (approval notice) for H1b, and letter from my current employer stating my current job status?
Thank you,
pradeep
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gc28262
11-26 01:11 PM
Hi Guys,
..............................................
My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
..........................
You won't have any issue with Indian Emigration officials in India. They are well aware of advanced parole as a means of entry to US.
..............................................
My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
..........................
You won't have any issue with Indian Emigration officials in India. They are well aware of advanced parole as a means of entry to US.
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Blog Feeds
02-28 09:10 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
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More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
sandy_77
09-16 06:06 AM
They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
asanghi
01-24 11:43 AM
I just can't believe how many times this topic has come up, and yet keeps coming up.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
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