logiclife
01-25 09:48 PM
On behalf of core group, I apologize to you and your wife for the abusive language that someone used.
We tried to moderate the forum posts. At any time, there are nearly 200-300 people reading the forums and nearly 20-25 posting. Its a tough thing to moderate every thread since we do this along with day-to-day fulltime jobs.
I have to close this thread otherwise this thread will spiral into a thread war that none of us want. And we cannot have such threads continue as its embarrassing for us all.
If you'd like, you can email me jay@immigrationvoice.org if you want to talk about this issue so that I can explain more.
Thanks for understanding.
We tried to moderate the forum posts. At any time, there are nearly 200-300 people reading the forums and nearly 20-25 posting. Its a tough thing to moderate every thread since we do this along with day-to-day fulltime jobs.
I have to close this thread otherwise this thread will spiral into a thread war that none of us want. And we cannot have such threads continue as its embarrassing for us all.
If you'd like, you can email me jay@immigrationvoice.org if you want to talk about this issue so that I can explain more.
Thanks for understanding.
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coopheal
04-18 05:49 PM
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
Have your docs ready. If your PD does become current send them such they reach on the first working day of the month your PD is current.
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
Have your docs ready. If your PD does become current send them such they reach on the first working day of the month your PD is current.
LondonTown
05-21 01:50 PM
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial?
It was due to attorney's mistake.
It was due to attorney's mistake.
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upuaut
10-31 04:40 AM
I only have V2 so I'm not sure if all this applies.
As far as chrome goes, I've found that speculative colors, with highlights and shadows turned on, can produce chrome looking effects if the lights are positioned correctly. It takes some playing around though. The objects are vector drawn though, so keep that in mind. The objects will never look really chrome, just metalic.
In V2 you couldn't cut a quarter out of a square. I would take 7 squares, position them in place so that it looked like a chunk was taken out of a single square, then grouped them together.
If you're looking to do serious cut away 3D modeling, and wire mesh 3D modeling, then you should look into getting a copy of 3DSmax or something equivilant. It also has great metal, glass, and gassious effects. As far as I know, Swift3D don't do that yet. (like I said though, I haven't seen V3 yet)
As far as chrome goes, I've found that speculative colors, with highlights and shadows turned on, can produce chrome looking effects if the lights are positioned correctly. It takes some playing around though. The objects are vector drawn though, so keep that in mind. The objects will never look really chrome, just metalic.
In V2 you couldn't cut a quarter out of a square. I would take 7 squares, position them in place so that it looked like a chunk was taken out of a single square, then grouped them together.
If you're looking to do serious cut away 3D modeling, and wire mesh 3D modeling, then you should look into getting a copy of 3DSmax or something equivilant. It also has great metal, glass, and gassious effects. As far as I know, Swift3D don't do that yet. (like I said though, I haven't seen V3 yet)
more...
narentilwani
03-05 02:04 PM
I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
raysaikat
07-25 02:13 AM
Can't he use EB-3 LC for filing his EB-2 case as well?
more...
rhlsur
05-08 03:54 PM
Thanks for the info Morchu. I've just been concerned with the recent emails where USCIS seems to be ignoring the successor-in-interest clause. Also, I'll have to contact my attorney to see if re-filing of I-140 is required. It took 1 year for the first one - just frustrating to think how long it will take if the re-filing is required. I guess I don't have to worry about the retrogression for the 485 stage anytime soon!
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ivuser
02-19 01:06 PM
QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
more...
Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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willgetgc2005
05-01 10:34 AM
^^^^^ bumping up
Hourglass,
How responsive are they to our concerns. Are they accessible ?
Others, any experience, please share. If you are more comfortable send a PM.
I want to make the right decision. Thank You.
Hourglass,
How responsive are they to our concerns. Are they accessible ?
Others, any experience, please share. If you are more comfortable send a PM.
I want to make the right decision. Thank You.
more...
gcdreamer05
11-09 08:37 PM
Hello,
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.
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snathan
02-15 10:01 PM
Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". One education evaluator said my degree is equivalent to electrical engineering which I disagree. I believe it is equivalent to Computer science. So two questions:
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
more...
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rajeshalex
07-17 08:46 PM
or may be this is correct?
http://immigrationvoice.org/forum/showthread.php?t=10362
http://immigrationvoice.org/forum/showthread.php?t=10362
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LostInGCProcess
02-04 04:55 PM
Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
Hawaii and Alaska are states that are part of US and you are free to travel anywhere in the 50 states of US without the need to show Visa or travel Document. However its not the same with Mexico. Its a different country.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
Hawaii and Alaska are states that are part of US and you are free to travel anywhere in the 50 states of US without the need to show Visa or travel Document. However its not the same with Mexico. Its a different country.
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pady
01-08 02:35 PM
my pd IS Dec 2005 EB2, it is a 485 Interview
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Scythe
04-20 01:37 PM
You're welcome!
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ps57002
12-03 12:08 AM
I added my older H1b case too of Dec 01 (i hadn't added such old case to my portfolio..didn't see need) and that had a LUD of 10/13/07 maybe due to my submitted cases of 140/ead/ap/485. Those had a LUD on 10/16/07 with notice date of 10/12.
seems like some batch work was done on the 2004 cases today.
seems like some batch work was done on the 2004 cases today.
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B3NKobe
04-17 02:45 AM
hahahhaaha :lol: -- Nice Job Ya3!!
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smartboy75
11-01 07:00 PM
Depends on the availability of visa numbers at the time of applying for H1 extension...Had you applied for your H1 extension during July17 - Aug17 when dates were 'C'..you are right...you would have got a 1 year extension....
But if you are from a retrogessed country, then even though you have filed for I-485, there is no visa number available and hence you are eligible for 3 year extension...
I am assuming you are from either IN/CH/MX/PH and that your PD is not current...
This is only my interpretation...Kindly consult with a lawyer...
But if you are from a retrogessed country, then even though you have filed for I-485, there is no visa number available and hence you are eligible for 3 year extension...
I am assuming you are from either IN/CH/MX/PH and that your PD is not current...
This is only my interpretation...Kindly consult with a lawyer...
imconfused
05-25 11:02 AM
SRC.... so is it TSC ? considering its starts with SRC?
doomdoom
08-24 11:46 PM
Thanks,
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