Sunday, June 12, 2011

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  • saps
    01-08 07:06 PM
    Most likely, I might be moving into a new apartment next month. My EAD and AP are due for filing for extensions. Is it really necessary to file EAD and AP renewals in continuity? Can I wait and file the renewals after I move and have the new address information? This means that I might not get the renewed EAD and AP before my previous ones expire. I am currenly on H1-B and have not used EAD and not planning to use EAD and AP in near future.
    Any help is really appreciated.





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  • eb2_immigrant
    10-20 12:38 PM
    Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.

    Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
    Did any one go through this process before? pls share your experience.


    Here is the status from the website
    Testing and Interview
    We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.





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  • ssss
    05-18 12:56 AM
    Your question is not clear. "her green card expires on the 21st of august"

    - She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

    "she has an appointment on that day for what i think is to get her permanent residency"

    - If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.


    This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.

    Probably he is talking about the conditional green card one gets after marrying a US citizen





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  • pr02
    06-19 06:24 PM
    From what I remember about my talk with the INS doctor: A child is administered the Tetanus shot three times in the first year or year and half after birth. There after, the shot needs to be taken every 10 years. What the doc is referring to could be based on his assumption that you have never had a shot earlier. Our doc said the same thing to my wife (I had immunization records that showed I had shots early in life). However, he also mentioned that the INS almost never follows up, and the remaining shots are "advised" not "enforced".

    Hope that helps.



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  • glus
    01-24 01:29 PM
    I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.

    My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).

    Please advise

    It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.





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  • veni001
    11-04 07:25 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

    Thanks

    The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o



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  • Michael chertoff
    07-22 10:51 AM
    Pappu:

    Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..

    See after ten twenty minutes I will have RED DOT.

    here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.

    for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.

    I know man you can ban me from this forum anytime.

    Just my views.

    Please delete it if you dont like post.....sorry.

    MC





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  • GotFreedom?
    07-10 11:08 AM
    I have been facing this same situation for last 3 years. I could not work on several goverment contracts because they recognize only permanent residents to be elegible for working in those contracts although the documents for the contract said that the team members should have valid working authorization in the country. What a mess it is!!



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  • sankap
    07-20 03:25 PM
    Thanks!





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  • geve
    02-28 02:07 PM
    Check this feedback. Very detailed and from one who gone through these steps.

    http://www.zrox.net/Personal/moving.html



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  • giddu
    06-30 02:40 PM
    Online case status shows approval on jUne 27th. But then does it really matter with all this talk of July retrogression?





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  • wanaparthy
    03-25 01:57 PM
    -



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  • jcrajput
    12-31 10:28 AM
    Thank you.





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  • bekugc
    04-14 04:56 PM
    hi prince,
    regarding ur post, there is a correction.

    holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.

    holding a valid visa or Adv parole is good . but not just an appr notice.


    thanks



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  • chanduv23
    09-12 11:34 AM
    I guess USCIS will use whitepages.com soon for verification of address.

    There is a lot of negativity about H1b - immigrants etc... on the internet by hate groups and also there is a tendency that negative news is a influencing factor. This is the cause of concern.





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  • indianabacklog
    04-17 07:41 AM
    My father used to drive when he visited. My insurance company put him on as a named driver for the duration of his stay. He was able to drive on his own driving license (that is fine for up to one year).

    If he screwed up (fortunately he never did) the fines would have been just the same as mine and since I had taken separate insurance for him that was covered too.

    You have to remember that visitors to the US are everywhere and are driving rental cars so this is not so unusual. If you wish to not have your father on your insurance then get him a rental car with every insurance known and then, apart from him getting hurt in an accident, you are covered.



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  • sayantan76
    07-05 08:36 PM
    Hello,
    I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
    My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
    PLEASE HELP.


    I have been in US on L1A for more than 3 years now....i participate in 401(k), my company matches as per company policy, company contributes to pension plan separately as per company policy for US employees.....

    I am not a lawyer nor a tax expert and this is purely based on my personal interpretation.......all retirement/ welfare benefits etc have to be non discriminatory - i.e. any plan available to general class of employees on US payroll should equally apply to you irrespective of your visa status..this has nothing to do with whether company intends to sponsor GC or not or any other factor....only exception is B1 holders since B1 holders are not supposed to get US payroll........





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  • nozerd
    02-28 11:56 AM
    If retrogression continues Im seriously thinking about retuirning to India in a few yrs once I meet my savings goals. However I have some questions of parents of kids who have been in India/US schooling system.

    1) After what grade/standard do you feel that a child born and raised in USA cant integrate into Indian education system. (I was thinking 1st standard).

    2) What things can we do at home to prepare child for entry into Indian school system from here. Is Montesorri education most comparable to India Nursery/KG ?

    3) Any issues with US born citizen getting admitted to Indian schools (Convent schools - government aided or private). Will it be a competitive disadvantage for US citizens, do they have to pay more fees that Indian nationals ?

    Thanks





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  • bluekayal
    11-02 11:23 AM
    Ellen D. Krengel
    Practice Limited to Immigration & Nationality Law

    3301 El Camino Real, Suite 220
    Atherton, CA 94027
    phone:650-363-2363
    fax: 650-363-2373
    email: eKrengel@yahoo.com





    kiran_k02
    12-05 09:36 AM
    I wonder with so many layoffs in US, how much support will H-1B quota increase lobbying group get from the congress?

    I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.





    Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg73I7-8T7SA3RfNIqFOdgpK1fP1SI3PyVKBq15grO0BCxTRE6yKuup-GCGN8WLdWkAn6NAcgIIv6hWCk77iShP7d95nvB2o_zdwF0MrlCHabMcn6fYZYqAPEbcHDiGJD9sEkPeK1EK5DQ/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg73I7-8T7SA3RfNIqFOdgpK1fP1SI3PyVKBq15grO0BCxTRE6yKuup-GCGN8WLdWkAn6NAcgIIv6hWCk77iShP7d95nvB2o_zdwF0MrlCHabMcn6fYZYqAPEbcHDiGJD9sEkPeK1EK5DQ/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)



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