njdude26
07-03 09:52 AM
Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
WillIWin?
01-04 09:16 AM
This is possible. The gist of the rule is:
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
LostInGCProcess
09-01 09:03 PM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
imh1b
07-29 02:35 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
more...
gc28262
12-28 12:43 PM
Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.
And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.
snram4,
You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.
No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.
If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.
And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.
snram4,
You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.
No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.
If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.
abhishek101
01-13 03:39 PM
There is nothing you can do going forward. You broke the law and as such the punishment is more severe than simple monetory fine.
If it is caught then they will cancel your H1b and will invalidate your GC.
If they do not you are good :D
If it is caught then they will cancel your H1b and will invalidate your GC.
If they do not you are good :D
more...
bindas74
02-05 12:00 AM
If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
stevensjd
10-20 03:28 PM
"Service Center Processing Dates for Texas Service Center as of: August 31, 2008 " :confused::mad:
more...
mhtanim
11-12 03:16 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
sgupta33
09-20 09:21 AM
The rally and some of IV's requests was mentioned on NPR this morning by their econmic correspondent. The piece did a good job of differentiating between legal high skilled and illegal immigrants and also in highlighting some of our concerns and requests for legal remedy.
more...
amaran18
08-13 04:23 PM
First of all, Congrats !!
You should talk to a lawyer to get this clarified.
You should talk to a lawyer to get this clarified.
Yeldarb
11-12 04:28 PM
www.esrucehtesrever.com - A site I made with XHTML and CSS. It uses PHP/mySQL for the entries to sign a petition with the intent of Reversing the Curse of the Chicago Cubs.
www.bandstation.com - A site for bands looking for new members. It utilizes CSS for the design, and has a full PHP/mySQL backend for advertisement display and users. Users can register and post their own information and job offers for their respective state.
www.bandstation.com - A site for bands looking for new members. It utilizes CSS for the design, and has a full PHP/mySQL backend for advertisement display and users. Users can register and post their own information and job offers for their respective state.
more...
letstalklc
09-01 03:37 PM
Congratulations....There are cases that prior to your PD and waiting....you are really lucky....
bigboy007
01-15 04:49 PM
This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.
more...
raj1998
02-18 05:11 PM
Its been more than two months I applied for my H1B visa extension, it got approved and I received I-797 also but online status still show 'Application Received and Pending'.
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
venkatosizolon
04-25 09:45 PM
I am working in company Vision System Group Inc (VSG INC). They are under USCIS investigation and involved in illegal activities. (Vision Systems Group Inc., was indicted in a 10-count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of 'Notice of Forfeiture' in the amount of $7.4 million.) .
For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
Many more similar link by searching Vision Systems Inc Group on Google.
They have sister concern companies:
Axiom
Orion
Venturi
Orionsoft
Cornerstone Information Systems
They all managed by same owner and management.
Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.
How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.
It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.
Please advice.
For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
Many more similar link by searching Vision Systems Inc Group on Google.
They have sister concern companies:
Axiom
Orion
Venturi
Orionsoft
Cornerstone Information Systems
They all managed by same owner and management.
Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.
How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.
It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.
Please advice.
more...
vallabhu
06-15 09:10 AM
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
cygent
08-19 01:01 AM
Please let me know.. This is urgent for me right now.
Thank you all.
Hi Arvin_H1,
I have an MS degree in Materials Science & Engg, but work in IT. My 1st H1 transfer was denied, but the 2nd time it was approved with lesser documentation. Although I feel I am qualified in my capacity, of course I am very Thankful & Grateful (for now, I still have a long ways to go :p) Go figure, that is USCIS!! PM me if I can try help you further. Don't worry, there is always hope.
wandmaker is absolutely correct, the I-94 date is critical. PM us for further clarification.
Thank you all.
Hi Arvin_H1,
I have an MS degree in Materials Science & Engg, but work in IT. My 1st H1 transfer was denied, but the 2nd time it was approved with lesser documentation. Although I feel I am qualified in my capacity, of course I am very Thankful & Grateful (for now, I still have a long ways to go :p) Go figure, that is USCIS!! PM me if I can try help you further. Don't worry, there is always hope.
wandmaker is absolutely correct, the I-94 date is critical. PM us for further clarification.
Berkeleybee
05-30 03:53 PM
I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.
Unfortunately that doesn't have a lot of support since it defeats the purpose of labor certification.
Unfortunately that doesn't have a lot of support since it defeats the purpose of labor certification.
gc28262
03-25 03:33 PM
so what's the problem here.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
BTW isn't I-485 for a future job ? How does the current work location matter ?
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
BTW isn't I-485 for a future job ? How does the current work location matter ?
kaisersose
07-09 10:20 AM
Hi All,
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
I fail to see the problem. If your wife is already working on this job, she will continue to work as before.
If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.
Again as I said, I see no problem at all.
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
I fail to see the problem. If your wife is already working on this job, she will continue to work as before.
If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.
Again as I said, I see no problem at all.
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