lakshman.easwaran
07-25 11:44 AM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.
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sendmailtojk
03-05 06:27 PM
1. You said you entered US in 12/06 with PP expiring 5/07......if PP has an expiry date of <180 days, the Immigration guy in India normally should not allow you to board the flight.
2. The last issued I-94 is the valid I-94.
3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.
Cheers and Good luck.
2. The last issued I-94 is the valid I-94.
3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.
Cheers and Good luck.
Desertfox
04-28 04:11 PM
The new administration has definitely something to do with this. Being an AZ resident for a while, I noticed how popular Janet Napolitano was here as a governor, even in this strongly republican state. I am sure her nomination as DHS secretary will bring more positive changes for us.
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eagerr2i
09-17 03:03 PM
IV is not against H1B as such. Majority of IV members are presently on H1B program.
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
more...
mihird
09-26 04:29 PM
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
gcformeornot
12-31 10:21 PM
what % have got FP notices. Out of 25500 members I see only few votes...
more...
Prashanthi
06-23 05:53 PM
On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.
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worriedsoul
09-25 04:32 PM
They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.
more...
pscdk
08-30 08:06 PM
Congratulations babu...good luck!
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va_il
12-27 01:49 PM
With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.
Any insight would be appreciated.
Clueless i guess.
Any insight would be appreciated.
Clueless i guess.
more...
kaisersose
05-29 11:14 AM
Hi,
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.:confused:
So you want to have both H-1b and L-1 status starting October 1st?
You can have only one at a time. For now, your status will become H from Oct 1st after which you can no longer be employed by company A.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.:confused:
So you want to have both H-1b and L-1 status starting October 1st?
You can have only one at a time. For now, your status will become H from Oct 1st after which you can no longer be employed by company A.
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cox
May 21st, 2007, 10:27 AM
Sounds like you found the "sensor", really a filter or glass over the sensor. When you remove the lens, you see the mirror. Put the camera in bulb mode and lock the shutter open, and that's the "sensor". Ensure that you have plenty of battery power (or are hooked up to the AC/DC adapter) before you stick anything into the sensor cavity. If the shutter closes while you have something in the cavity, the shutter will break, and you will need an expensive repair.
I have to clean my cameras often, since I shoot outdoors and change lenses many times a day. I have found that compressed air takes care of most problems, and a $10 bulb, like Mark mentioned, is the best way to go for field work. If you are willing to put a little more $$ into it, get an oil-less diaphragm compressor for an airbrush, ~$100. The other nice thing about air is that you don't put anything in the shutter cavity.
DO NOT use "canned air", these little cans with compressed air in them. They contain isobutane and other hydrocarbon propellants which can "spit" out of the can and leave spots on the sensor that will require a liquid cleaning to remove.
Liquid cleaning is more complicated. The Eclipse solution is (I have heard, I don't use it...) clean methanol. A lot of people use these with 'pec' pads with success. I use clean, high grade isopropanol, electronics swabs, and follow up with distilled DI water and the air compressor. This is a delicate process that I don't recommend experimenting with. If you want to learn how to do this, find someone who is willing to tech you using his camera. ;) Mark probably gets his money's worth from the camera shop. The only issue is finding a good shop.
I have to clean my cameras often, since I shoot outdoors and change lenses many times a day. I have found that compressed air takes care of most problems, and a $10 bulb, like Mark mentioned, is the best way to go for field work. If you are willing to put a little more $$ into it, get an oil-less diaphragm compressor for an airbrush, ~$100. The other nice thing about air is that you don't put anything in the shutter cavity.
DO NOT use "canned air", these little cans with compressed air in them. They contain isobutane and other hydrocarbon propellants which can "spit" out of the can and leave spots on the sensor that will require a liquid cleaning to remove.
Liquid cleaning is more complicated. The Eclipse solution is (I have heard, I don't use it...) clean methanol. A lot of people use these with 'pec' pads with success. I use clean, high grade isopropanol, electronics swabs, and follow up with distilled DI water and the air compressor. This is a delicate process that I don't recommend experimenting with. If you want to learn how to do this, find someone who is willing to tech you using his camera. ;) Mark probably gets his money's worth from the camera shop. The only issue is finding a good shop.
more...
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gconmymind
04-07 03:54 PM
Does it in any way affect my Naturalization Application?
There is another thread on this. Please search. It seems there is a USCIS address in Kentucky where you need to send it.
There is another thread on this. Please search. It seems there is a USCIS address in Kentucky where you need to send it.
tattoo Jon Roy#39;s Dodge Dakota Regular
traveldoc
09-24 08:28 AM
TheHulk,
That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about that.....no good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.
That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about that.....no good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.
more...
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Blog Feeds
08-06 08:10 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
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kshitijnt
04-18 06:55 PM
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
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sbmallik
09-01 09:32 AM
If you live ourside of US and work for an non-US Company then you are not in H-1B; you will be in Spanish resident visa status. However, on your return to the previous company in the US, you can recepture the time spend in Spain on your H-1B visa.
I would try to explore the remote working options from Spain for the US employer.
I would try to explore the remote working options from Spain for the US employer.
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ranahosur
07-15 07:39 PM
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
snathan
06-25 10:38 AM
Hi all,
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL
anemmani
01-04 10:11 AM
H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)
Nag
Nag
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