martinvisalaw
04-19 02:37 PM
USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
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jeevarakkiannan
07-17 06:19 PM
I suggest we add our photos to the thank you letter. This way, the thank you letter will be more personal.
What do you think?
What do you think?
Antonio Trivelin
June 16th, 2006, 08:09 PM
They look good to me Antonio. I wish I could get results like this with my 50mm 1.8, but then I've only tried on bands in small clubs, you had a few more stage lights to work with it looks like to me.
Nik, tks a lot for comments too !!!
This show was in a big place, look:
http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)
This is not my photo, but i was there in that place where i write in red the most part of the time of the show.
I think there was 62.000 people there !!!!
More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2
To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.
Best regards my friend,
Antonio
Nik, tks a lot for comments too !!!
This show was in a big place, look:
http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)
This is not my photo, but i was there in that place where i write in red the most part of the time of the show.
I think there was 62.000 people there !!!!
More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2
To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.
Best regards my friend,
Antonio
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iman.karta
04-15 06:59 PM
tx1hb,
Thanks for the kind response. I am still using the same lawyer as before when I was doing my H1B and OPT. In fact, I do have a proof at some point, they asked for my I-20s. But when they asked them, they said that they dont have it. I am so angry - I am not sure whether it is to the situation or to them. I will NOT recommend them to anybody.
But it's kind of odd because I always have all my I-20s and other documentations in my emergency briefcase. While the other documentations are still there, only my I-20s (I have 4 or 5 of them) are all gone. So it is not simply I dropped them somewhere. It's gotta be I take them out for some reasons and perhaps never return them back to the briefcase. And to be frank, I feel that the attorney might have the original copy.
Do you have any idea to provoke the attorney to look for the copies? I resent the email they sent me 2 years ago when they asked for my I-20s copies. And today the secretary still said that she does not have the copies. The attorney does not respond to me altogether.
Thanks for the kind response. I am still using the same lawyer as before when I was doing my H1B and OPT. In fact, I do have a proof at some point, they asked for my I-20s. But when they asked them, they said that they dont have it. I am so angry - I am not sure whether it is to the situation or to them. I will NOT recommend them to anybody.
But it's kind of odd because I always have all my I-20s and other documentations in my emergency briefcase. While the other documentations are still there, only my I-20s (I have 4 or 5 of them) are all gone. So it is not simply I dropped them somewhere. It's gotta be I take them out for some reasons and perhaps never return them back to the briefcase. And to be frank, I feel that the attorney might have the original copy.
Do you have any idea to provoke the attorney to look for the copies? I resent the email they sent me 2 years ago when they asked for my I-20s copies. And today the secretary still said that she does not have the copies. The attorney does not respond to me altogether.
more...
snathan
02-22 11:41 AM
I am trying to port from EB3-EB2 from the same employer.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
Title alone will not make you to qualify for EB2. You need to worry about porting with the same employer as it might invite audit (most likely) and there are other consequences also to worry about.
Check with your HR - What category they are filing for the new job EB2/EB3
If EB2 ask them - Why did they file EB3 for you for the same position.
If EB3 - There is no point in porting.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
Title alone will not make you to qualify for EB2. You need to worry about porting with the same employer as it might invite audit (most likely) and there are other consequences also to worry about.
Check with your HR - What category they are filing for the new job EB2/EB3
If EB2 ask them - Why did they file EB3 for you for the same position.
If EB3 - There is no point in porting.
sweet_jungle
11-17 12:26 AM
it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
more...
greenguru
01-07 02:42 AM
Congratulations!
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
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psaxena
10-07 03:18 PM
Forget all the middle vendor and lawsuit , nobody will do anything.. In CA if you not aware, there is no legally binding contract that can restrict and employee to work for any employer. Non compete agreements also do not work there, these are just fear tactics. I left my employer and joined the client , and did this 2 times and also that too not even in CA , in other states. Noone did nothing, because it cost time and money and unless there is a 100% chance for the other party to win , they will not get into the lawsuit and stuff as it cost a lot of time and money.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
more...
gssh
06-12 05:12 PM
I have heard many different stories and I do not know exactly what are the rules.
If anyone knows please reply.
If anyone knows please reply.
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vamsi_poondla
03-22 09:47 PM
Thank you for your replies. I will try and see.
more...
lazycis
01-15 03:00 PM
Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
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vparam
03-11 11:17 AM
Thanks vparam ! We will give this a try. Hope they give us an SSN.
My wife CA bar exam for which she needed SSN. without bar affiliation she could not get a job. So it was the same situation. that is when we came to know about SSN without work authorization. Initially SSN person told no, it is not feasible but after showing the process requirement and providing the required documetns , the 2nd time we went we got it. It is also depends on the knowledge of the SSN person at the window. But law has it in provision to issue non-work SSN
My wife CA bar exam for which she needed SSN. without bar affiliation she could not get a job. So it was the same situation. that is when we came to know about SSN without work authorization. Initially SSN person told no, it is not feasible but after showing the process requirement and providing the required documetns , the 2nd time we went we got it. It is also depends on the knowledge of the SSN person at the window. But law has it in provision to issue non-work SSN
more...
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like_watching_paint_dry
03-15 01:13 PM
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
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my2cents
09-30 12:58 PM
If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?
if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.
if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik[/QUOTE]
if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.
if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik[/QUOTE]
more...
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lvinaykumar
05-12 10:55 AM
good, at-least we are seeing good number of approvals, All the best and good luck guys
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Kodi
06-18 09:32 AM
Yeah, Atlanta is hatching eggs with our PERM applications.
more...
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Green.Tech
09-17 11:45 AM
The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
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vshar
07-31 09:16 PM
I wish they will have online chat with IO who is assigned to ones file( not CSR) so no more RFEs etc.
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pmb76
10-01 10:50 PM
I wish...:)
But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.
She had an EAD when she was on L2, when I was on L1 before switching to H1.
When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.
May be that is why they may be waiving the fee ?? I don't know....my guess
I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.
She had an EAD when she was on L2, when I was on L1 before switching to H1.
When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.
May be that is why they may be waiving the fee ?? I don't know....my guess
I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
indianabacklog
08-16 02:53 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
saveimmigration
10-12 11:53 AM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
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