Rockey
02-29 01:37 PM
Hello Gurus,
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
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jamesbond007
11-12 12:12 PM
It is very simple actually. It most likely will take an hour of your time. And will not cost any $$ to you.
You go to the tester with whom your new employer has a contract; tell them you came for a new employee drug test for so and so company; they will take your ID information and if they need a code from the company; they will take your sample and send you on your way.
They will send the results to your employer over the following few days.
Obviously if you don't do any drugs, you will be OK.
In case of a (false) negative, you will get a chance to challenge.
You go to the tester with whom your new employer has a contract; tell them you came for a new employee drug test for so and so company; they will take your ID information and if they need a code from the company; they will take your sample and send you on your way.
They will send the results to your employer over the following few days.
Obviously if you don't do any drugs, you will be OK.
In case of a (false) negative, you will get a chance to challenge.
mihird
09-07 02:53 PM
I don't intend to get a second H-1.. The second job that I want to do is just 3-5hrs a week and dont want any sponsorship for it.
Even if you work 1 hour a week, you need an H1 to be able to put on payroll at the other company. Otherwise, it constitutes illegal employment.
Even if you work 1 hour a week, you need an H1 to be able to put on payroll at the other company. Otherwise, it constitutes illegal employment.
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rajeevkaza
01-17 04:17 PM
Every attorney handles a case in different way. But sure your Bank statement reflecting a direct deposit will be a substitute for your paystub.
good luck.
RK
good luck.
RK
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maneris
04-07 03:20 PM
What abt Medical RFEs ? Are they sent only when your dates are current ?
pramodirt
07-02 09:46 AM
Hi All,
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
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GCSOON-Ihope
09-06 04:52 PM
You can work 2 jobs as long as you have...2 H1 visas, one for each job!!
That could be 2 part-time or 1 full time and 1 part-time.
I believe there could be a problem if you have 2 full-time H1 jobs at the same time...
That could be 2 part-time or 1 full time and 1 part-time.
I believe there could be a problem if you have 2 full-time H1 jobs at the same time...
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Blog Feeds
03-04 08:10 AM
And now for some good news.....The New York Times and the St. Petersburg Times reported two separate indidents of penalties and [prison sentences imposed on people who provided fraudulent immigration services to foreign nationals.
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
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sundarpn
04-09 08:13 AM
Options are:
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
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mdipi
10-20 09:42 PM
how......................:q:
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sertasheep
04-03 06:08 PM
ANSWER:
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
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uppaji
10-27 03:28 PM
Hi,
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
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mrdelhiite
08-19 11:15 AM
Hello All,
I e-filed my AP on August 5th 2010 and sent all my papers to NSC. I received a notice they they received my application with the same date. My last AP expired on 30 July 2010.
I have a wedding coming up in family that I want/need to attend. Is it possible for me to use this reason to expedite my AP? Also has anyone been in similar situations? Any feedback is greatly appreciated.
Thanks
-M
:confused:
I e-filed my AP on August 5th 2010 and sent all my papers to NSC. I received a notice they they received my application with the same date. My last AP expired on 30 July 2010.
I have a wedding coming up in family that I want/need to attend. Is it possible for me to use this reason to expedite my AP? Also has anyone been in similar situations? Any feedback is greatly appreciated.
Thanks
-M
:confused:
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akkakarla
08-26 02:30 PM
My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check�blah..blah..blah�"
What exactly is that? Do you know what they are trying to do? Is it part of delay tactics? What exactly do they do in extended background check does anyone know what it is?
What exactly is that? Do you know what they are trying to do? Is it part of delay tactics? What exactly do they do in extended background check does anyone know what it is?
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shahraj
01-20 08:24 PM
Hi,
When I came into the United States, they documented my fingerprints. Now I want to apply for a reentry permit. Do I still have to pay for the Biometric fee? What exactly is it for?
I would really appreciate any help on the topic.
When I came into the United States, they documented my fingerprints. Now I want to apply for a reentry permit. Do I still have to pay for the Biometric fee? What exactly is it for?
I would really appreciate any help on the topic.
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CHHAYA
01-15 08:14 AM
It took 8 months for the paper work,running ads etc.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
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sangmami
09-20 11:32 AM
In my case my fp is done.
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logiclife
02-18 02:49 PM
It will never happen here. Even if it does happen, it will still have an annual quota, which would lead to priority dates.
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ps57002
09-16 11:13 AM
I am generally a shy quiet person but enough is enough and I know in my heart I just have to do this....going to D.C. join us
hmehta
09-30 01:49 PM
Yes, Ofcourse...it has to be valid for atleast 6 months. If it has already expired, I believe you should get a new one before travelling.
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
delhikadesi
12-20 11:15 PM
so you are saying that it took 1 year for USCIS to send you NOID?
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
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