ramaonline
10-23 02:15 PM
CA DMV is completely clueless about immigration regulations. I had the same problem - Finally I took an appt at the deferred inspection center (San francisco) per the advice of the Infopass officer. I was on a temp license for close to 9 months.
The DL was sent to me within a day after I took the appt. There is a team at the deferred inspection center that does the immigration validations for DMV. They can directly contact the responsible person at DMV, and get the issue resolved.
444 Washington Street, San Francisco,CA 94111 - When you take infopass, you must enter your zipcode as 94111 - So you will get appt at the SF USCIS center.
The DL was sent to me within a day after I took the appt. There is a team at the deferred inspection center that does the immigration validations for DMV. They can directly contact the responsible person at DMV, and get the issue resolved.
444 Washington Street, San Francisco,CA 94111 - When you take infopass, you must enter your zipcode as 94111 - So you will get appt at the SF USCIS center.
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maddipati1
06-10 03:05 PM
good.. meaningful discussion guys.. for a change.
no rubbing each other's wrong side.. good.
i think unfortunately, desi3933 and ganguteli has a point.
VISA RECAPTURE BILL is the only solution.
.
no rubbing each other's wrong side.. good.
i think unfortunately, desi3933 and ganguteli has a point.
VISA RECAPTURE BILL is the only solution.
.
kaisersose
07-29 11:04 AM
Both the employer and employee should have the intent of working together after GC. However, for several reasons, this may not come to pass, in which case it is OK to change.
Since no minimum timeframe is specified by law, it may be OK to change jobs in 24 hours after GC approval.
Questions may popup during naturalization, but the same questions apply to people who quit 1,2.3 4 years after GC too. So there is no difference as the answers to these questions are the same for all cases - 24 hrs or 4 years.
Since no minimum timeframe is specified by law, it may be OK to change jobs in 24 hours after GC approval.
Questions may popup during naturalization, but the same questions apply to people who quit 1,2.3 4 years after GC too. So there is no difference as the answers to these questions are the same for all cases - 24 hrs or 4 years.
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rajeshalex
08-29 09:41 AM
USCIS goes one step forward and 2 steps backward.
Anyone wants to guess processing dates for Sep ?
Anyone wants to guess processing dates for Sep ?
more...
BMS1
11-07 05:02 PM
There is a concept called Pretrial diversion (PTD) program. I am not sure if it is available in your state. That will avoid any kind of prosecution and judgement and that is what people recommend for immigrants in your situation. I have read about this long ago in immigration-portal forums. Search there and you will find some cases similar to yours and a long discussion on the subject.
rickys_in
07-15 10:20 PM
I am in New Jersey....and am willing to come.
more...
Suva
02-26 10:44 AM
Champu I think you have over reacted on this perticular case. As the person said that he over stayed here as a dependent under his parents then what is his mistake? It's his parents who are to be blamed. Probably he was 10-12 years when he came here and was not aware of the immigration issue.
Out of Status; Visa expired....
You have no respect for the immigration. Now you are expecting others to help you.
Asylum...
I do not know your nationality but if you are Indian. There is no threat to any creed or cummunity. You must go back there.
You tell the world how dangerous is your home land.
Shameful!
Out of Status; Visa expired....
You have no respect for the immigration. Now you are expecting others to help you.
Asylum...
I do not know your nationality but if you are Indian. There is no threat to any creed or cummunity. You must go back there.
You tell the world how dangerous is your home land.
Shameful!
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ras
09-11 06:23 PM
This was one of the influential and supportive press release I have seen in support of the skilled immigration.
This needs to be posted as many places as possible as this reflects the views of 12 governers. This should get the most attention from various quarters while portraying the plight of legal immigrants.
This needs to be posted as many places as possible as this reflects the views of 12 governers. This should get the most attention from various quarters while portraying the plight of legal immigrants.
more...
Hermione
10-01 01:00 PM
Thanks for your response. My question is: Would the employer have to cancel I140 along with H1B? Also, do they have to cancel H1 as per law if an H1B employee leaves? If my employer knows about cancelling I140, they will surely do this to harm me.
H1 transfer to a new employer itself is a pain and thats the reason I was planning to use EAD.
The I-140 will not get cancelled by itself, the employer will have to withdraw it, and they will have to do it before 180 days since your I-485 filing. The worst that can happen after your employer cancels your H1 (and does not withdraw I-140), USCIS would ask you to confirm that you still have a job offer, in the RFE. Here is the kicker - if you get to respond AFTER 180 days are through, you can submit a job offer from a different employer. Given how quick USCIS is generally to turn, I would hope that at the very least, you will have enough time to get to 180 days.
Here is the good news - if you have an approved I-140, you will be able to port your priority date to your new green card process. I believe it is true even if the I-140 is withdrawn.
I know getting a good job on H1 is tough, but getting a good job is tough, period. I would strongly encourage that you forget about the H1 issue, and look for the best job you can find out there. Tell them you have authorization to work in the US (flash the EAD, if needed), but do go out there and make sure you get a job offer from a good company. When you have the offer in hand, negotiate about transfering H1 - since they are interested in you, they will listen.
H1 transfer to a new employer itself is a pain and thats the reason I was planning to use EAD.
The I-140 will not get cancelled by itself, the employer will have to withdraw it, and they will have to do it before 180 days since your I-485 filing. The worst that can happen after your employer cancels your H1 (and does not withdraw I-140), USCIS would ask you to confirm that you still have a job offer, in the RFE. Here is the kicker - if you get to respond AFTER 180 days are through, you can submit a job offer from a different employer. Given how quick USCIS is generally to turn, I would hope that at the very least, you will have enough time to get to 180 days.
Here is the good news - if you have an approved I-140, you will be able to port your priority date to your new green card process. I believe it is true even if the I-140 is withdrawn.
I know getting a good job on H1 is tough, but getting a good job is tough, period. I would strongly encourage that you forget about the H1 issue, and look for the best job you can find out there. Tell them you have authorization to work in the US (flash the EAD, if needed), but do go out there and make sure you get a job offer from a good company. When you have the offer in hand, negotiate about transfering H1 - since they are interested in you, they will listen.
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uma001
04-12 03:01 PM
Hi All,
Finally I got approval to my case on April 4th, they extended it for one year.
Thanks,
SBNVS
Congrats. Did you provide client letter. I129 says you have provide employment location. Did nt they ask for proof (employment letter between client and you)
Finally I got approval to my case on April 4th, they extended it for one year.
Thanks,
SBNVS
Congrats. Did you provide client letter. I129 says you have provide employment location. Did nt they ask for proof (employment letter between client and you)
more...
solaris27
10-01 09:10 AM
receipt date
enjoy ..:)
enjoy ..:)
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northstar1
07-15 11:20 PM
One way to increase participation is to involve the Indian student associations of the various universities of the area. They are usually pretty well organized and members are usually willing to support such causes. Also support from ISA's from top notch schools goes a long way to show the legal immigrant population as a highly educated bunch.
ps. while i mention the Indian Student association, the idea should be expanded to included other student bodies as well.
ps. while i mention the Indian Student association, the idea should be expanded to included other student bodies as well.
more...
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Ann Ruben
04-28 10:56 AM
Why would you not be able to begin work for 1-2 months?
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gconmymind
09-30 04:59 PM
I work in California on a contract and my company is in Chicago. I have a non-compete that I cannot join the client. Client wants to hire me and my company has given the HR a verbal commitment that they will allow them to hire me. There is no middle-layer involved.
Am I good? Is verbal assurance from my employer binding? Is the non-compete still binding after my company has agreed to the client request?
Am I good? Is verbal assurance from my employer binding? Is the non-compete still binding after my company has agreed to the client request?
more...
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whitecollarslave
02-10 01:15 PM
If we cannot come up with few reasons why this act is bad for American how can we expect the joint House-Senate committee to take any action against it?
FYI - the Senate just passed the bill; as far as I can tell, it has the H-1B ban. Now its up to the joint committee.
Grassley is part of this committee.
FYI - the Senate just passed the bill; as far as I can tell, it has the H-1B ban. Now its up to the joint committee.
Grassley is part of this committee.
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nogc12
07-23 04:36 PM
This seems to be EBFAQ1. So may be more on the way!
more...
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karthik204
05-31 11:59 AM
� Increased employer obligations. The bill would impose stringent new requirements on all H-1B employers. Under current law, employers who are deemed to be H-1B dependent � i.e., employers with more than 15% of their workforce comprised of H-1B workers � and employers who have violated labor requirements are required to attest that they have not displaced U.S. workers in the hiring of an H-1B employer and that they have attempted to recruit U.S. workers for open positions. The Senate bill would extend these requirements to all H-1B employers (though a proposed amendment to the bill, discussed below, would dispense with the broadening of the attestation requirements). In addition, employers would be subject to outplacement restrictions, which would limit their ability to place H-1B workers at client sites.
� Increased government audits, investigations and penalties. The bill would expand the Department of Labor's authority to investigate matters related to labor condition application (LCA) compliance, and would authorize DOL to conduct annual audits of at least one percent of all H-1B employers in a given year. Penalties for LCA violations would be doubled.
� Impact on permanent residence. The bill's impact on an H-1B nonimmigrant's ability to apply for permanent residence is unclear. Under current law, both H and L nomimmigrants benefit from the "dual intent" doctrine, which allows these foreign nationals to pursue immigrant visas without jeopardizing their nonimmigrant status. The Senate bill would eliminate certain facets of the dual intent doctrine, but would continue to allow H nonimmigrants to seek extensions of their nonimmigrant stay past the six-year limitation if they are the beneficiaries of a pending merit-based immigrant petition.
Additional Requirements for the L-1 Visa Category
The bill would impose increased requirements and restrictions on L-1 petitions filed on behalf of foreign nationals entering the United States to establish a new office. New office petitions would be required to be supported by detailed business plans and evidence of sufficient funds and physical premises adequate for operation of the office, and would be approved for an initial period of no more than 12 months. L-2 spouses of new office intracompany transferees would be ineligible for employment authorization during the initial 12 months. In addition, the bill would authorize the Department of Homeland Security to conduct audits of at least one percent of all L-1 employers in a given year, and employers who fail to comply with the requirements of the L-1 program would be subject to penalties and debarment.
Changes to the F Student Visa Program
Some favorable changes are proposed for the F student visa category. The bill would increase the optional practical training (OPT) period from the current 12 months to 24 months, and would increase off-campus employment opportunities for students, subject to wage and recruitment requirements. A new F-4 student visa category would be created for foreign nationals pursuing advanced degrees in mathematics, engineering, information technology or natural sciences, and these individuals would be eligible to pursue permanent residence without jeopardizing their nonimmigrant status.
Revamped Temporary Worker Program
S. 1348 would create a new Y nonimmigrant temporary worker category, which would ultimately incorporate the existing H-2A agricultural worker program and the H-2B nonagricultural worker programs and re-designate those programs as Y-2A and Y-2B, with substantially increased quotas. The bill would also create a new Y-1 category, which would permit the admission of up to 200,000 temporary nonagricultural workers for initial periods of up to two years, subject to recruitment and wage requirements. Y-1 nonimmigrants would be eligible for two additional two-year periods of stay, though they would be required to depart the United States for at least 12 months abroad between periods of stay. Y-1 nonimmigrants accompanied or joined by dependents would be limited to two two-year periods of stay, and would be subject to income requirements and limitations on stay for family members. The Y-2B category would admit up to 100,000 temporary nonagricultural workers for non-renewable periods of stay of 10 months. The Y nonimmigrant category would not take effect until certain border security and enforcement programs are instituted. Until implementation of the Y program, the bill would retain the current temporary worker programs, but the H-2A category would be subject to additional employer obligations.
Worksite Enforcement and Employment Eligibility Verification
Under current law, employers are required to verify the eligibility of all new hires by examining documents that establish a worker's identity and employment authorization and to make attestations of compliance on Form I-9. In addition, employers may currently elect to participate on a voluntary basis in the Basic Pilot Program, an electronic system that verifies workers' employment authorization against government databases.
The Senate bill would retain the I-9 attestation system, but would reduce the number of documents that a foreign national could use to demonstrate identity and employment authorization. The bill would also substantially increase employers' record retention obligations from the current three-year maximum to seven years. In addition, the proposal would essentially expand the Basic Pilot program, requiring all employers to participate in an electronic eligibility verification system that would be phased in for new hires within 18 months after enactment. Within three years of enactment, employers would be required to use the system to re-verify the employment eligibility of all employees � an estimated 145 million workers. The bill would also impose substantially higher penalties for worksite violations.
Regularization Program for Undocumented Immigrants
S. 1348 aims to resolve the status of the undocumented population by introducing a new Z nonimmigrant visa category that would permit eligible undocumented workers and their family members to regularize their status and eventually apply for permanent residence. Z nonimmigrants would be granted an initial period of stay of four years, renewable indefinitely in four-year increments. These individuals would ultimately be eligible to apply for permanent residence during a five-year period after immigrant visa backlogs in the family and employment categories are eliminated. To obtain permanent residence, Z nonimmigrants would be subject to a merit-based points evaluation that would assess their U.S. employment history, home ownership, medical insurance and other criteria. They would also be required to depart the United States and return to their home countries (or "touch back") in order to establish eligibility for permanent residence.
Proposed Amendments to the Senate Bill
Late last week, Senators Maria Cantwell (D-WA), John Cornyn (R-TX), Patrick Leahy (D-VT) and Orrin Hatch (R-UT) announced an amendment to the Senate bill that would make important changes to several of the employment-related provisions of the Senate bill. With respect to immigrant visas, the amendment would restructure the proposed merit-based program to add several of the features of the current employment-based system. The amendment would add an employer sponsorship component, and would create programs equivalent to the first, second and third employment-based preference categories for foreign nationals of extraordinary ability, outstanding professors and researchers, multinational executives and managers, advanced degree professionals, foreign nationals of exceptional ability, and professional workers (though the amendment would not provide for an equivalent to the current "other worker" subcategory). The amendment would also restore the labor certification requirement for the second and third employment-based preference categories, but would not provide for a national interest waiver of the requirement. In addition, the amendment proposes an additional 140,000 immigrant visa numbers for employer-sponsored merit immigrants, and would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience. Regarding the H-1B program, the amendment would eliminate the 20,000 ceiling on cap exemptions for foreign nationals holding advanced degrees from U.S. universities and create a new exemption for foreign nationals holding foreign advanced degrees in the sciences, technology, engineering or mathematics. The amendment would also dispense with the Senate bill's expansion of the recruitment and non-displacement attestation requirement to all H-1B employers.
� Increased government audits, investigations and penalties. The bill would expand the Department of Labor's authority to investigate matters related to labor condition application (LCA) compliance, and would authorize DOL to conduct annual audits of at least one percent of all H-1B employers in a given year. Penalties for LCA violations would be doubled.
� Impact on permanent residence. The bill's impact on an H-1B nonimmigrant's ability to apply for permanent residence is unclear. Under current law, both H and L nomimmigrants benefit from the "dual intent" doctrine, which allows these foreign nationals to pursue immigrant visas without jeopardizing their nonimmigrant status. The Senate bill would eliminate certain facets of the dual intent doctrine, but would continue to allow H nonimmigrants to seek extensions of their nonimmigrant stay past the six-year limitation if they are the beneficiaries of a pending merit-based immigrant petition.
Additional Requirements for the L-1 Visa Category
The bill would impose increased requirements and restrictions on L-1 petitions filed on behalf of foreign nationals entering the United States to establish a new office. New office petitions would be required to be supported by detailed business plans and evidence of sufficient funds and physical premises adequate for operation of the office, and would be approved for an initial period of no more than 12 months. L-2 spouses of new office intracompany transferees would be ineligible for employment authorization during the initial 12 months. In addition, the bill would authorize the Department of Homeland Security to conduct audits of at least one percent of all L-1 employers in a given year, and employers who fail to comply with the requirements of the L-1 program would be subject to penalties and debarment.
Changes to the F Student Visa Program
Some favorable changes are proposed for the F student visa category. The bill would increase the optional practical training (OPT) period from the current 12 months to 24 months, and would increase off-campus employment opportunities for students, subject to wage and recruitment requirements. A new F-4 student visa category would be created for foreign nationals pursuing advanced degrees in mathematics, engineering, information technology or natural sciences, and these individuals would be eligible to pursue permanent residence without jeopardizing their nonimmigrant status.
Revamped Temporary Worker Program
S. 1348 would create a new Y nonimmigrant temporary worker category, which would ultimately incorporate the existing H-2A agricultural worker program and the H-2B nonagricultural worker programs and re-designate those programs as Y-2A and Y-2B, with substantially increased quotas. The bill would also create a new Y-1 category, which would permit the admission of up to 200,000 temporary nonagricultural workers for initial periods of up to two years, subject to recruitment and wage requirements. Y-1 nonimmigrants would be eligible for two additional two-year periods of stay, though they would be required to depart the United States for at least 12 months abroad between periods of stay. Y-1 nonimmigrants accompanied or joined by dependents would be limited to two two-year periods of stay, and would be subject to income requirements and limitations on stay for family members. The Y-2B category would admit up to 100,000 temporary nonagricultural workers for non-renewable periods of stay of 10 months. The Y nonimmigrant category would not take effect until certain border security and enforcement programs are instituted. Until implementation of the Y program, the bill would retain the current temporary worker programs, but the H-2A category would be subject to additional employer obligations.
Worksite Enforcement and Employment Eligibility Verification
Under current law, employers are required to verify the eligibility of all new hires by examining documents that establish a worker's identity and employment authorization and to make attestations of compliance on Form I-9. In addition, employers may currently elect to participate on a voluntary basis in the Basic Pilot Program, an electronic system that verifies workers' employment authorization against government databases.
The Senate bill would retain the I-9 attestation system, but would reduce the number of documents that a foreign national could use to demonstrate identity and employment authorization. The bill would also substantially increase employers' record retention obligations from the current three-year maximum to seven years. In addition, the proposal would essentially expand the Basic Pilot program, requiring all employers to participate in an electronic eligibility verification system that would be phased in for new hires within 18 months after enactment. Within three years of enactment, employers would be required to use the system to re-verify the employment eligibility of all employees � an estimated 145 million workers. The bill would also impose substantially higher penalties for worksite violations.
Regularization Program for Undocumented Immigrants
S. 1348 aims to resolve the status of the undocumented population by introducing a new Z nonimmigrant visa category that would permit eligible undocumented workers and their family members to regularize their status and eventually apply for permanent residence. Z nonimmigrants would be granted an initial period of stay of four years, renewable indefinitely in four-year increments. These individuals would ultimately be eligible to apply for permanent residence during a five-year period after immigrant visa backlogs in the family and employment categories are eliminated. To obtain permanent residence, Z nonimmigrants would be subject to a merit-based points evaluation that would assess their U.S. employment history, home ownership, medical insurance and other criteria. They would also be required to depart the United States and return to their home countries (or "touch back") in order to establish eligibility for permanent residence.
Proposed Amendments to the Senate Bill
Late last week, Senators Maria Cantwell (D-WA), John Cornyn (R-TX), Patrick Leahy (D-VT) and Orrin Hatch (R-UT) announced an amendment to the Senate bill that would make important changes to several of the employment-related provisions of the Senate bill. With respect to immigrant visas, the amendment would restructure the proposed merit-based program to add several of the features of the current employment-based system. The amendment would add an employer sponsorship component, and would create programs equivalent to the first, second and third employment-based preference categories for foreign nationals of extraordinary ability, outstanding professors and researchers, multinational executives and managers, advanced degree professionals, foreign nationals of exceptional ability, and professional workers (though the amendment would not provide for an equivalent to the current "other worker" subcategory). The amendment would also restore the labor certification requirement for the second and third employment-based preference categories, but would not provide for a national interest waiver of the requirement. In addition, the amendment proposes an additional 140,000 immigrant visa numbers for employer-sponsored merit immigrants, and would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience. Regarding the H-1B program, the amendment would eliminate the 20,000 ceiling on cap exemptions for foreign nationals holding advanced degrees from U.S. universities and create a new exemption for foreign nationals holding foreign advanced degrees in the sciences, technology, engineering or mathematics. The amendment would also dispense with the Senate bill's expansion of the recruitment and non-displacement attestation requirement to all H-1B employers.
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ilikekilo
04-16 11:54 AM
please ask her to contact IV per Pappu's message
please contact us at � info at immigrationvoice.org
please contact us at � info at immigrationvoice.org
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chapper
07-23 08:27 PM
Scenario: Application sent/received at NSC - when and how will it be transferred to TSC
Will application be receipted at NSC and then transferred to TSC or will it be transferred first and then receipted at TSC
Will application be receipted at NSC and then transferred to TSC or will it be transferred first and then receipted at TSC
uslegals
08-21 12:36 PM
I will consult a attorney...This forum truly represnts a lot of views from which folks like us truly get a broader picture of the stituation.! This forum is truly marvellous.!
I want to thank everybody for sharing thier views.
I want to thank everybody for sharing thier views.
brij523
12-02 10:00 AM
What country do you belong to? Is your priority date (PD) current? If you belong to retrogressed country and PD is not current, it may be denial notice.
As someone wrote, you can file Motion to Reopen (MTR) case. Research this site n immigration.com for MTR.
I do not know what is the possibility of applying for PERM labor?
My dear friend are you involved with IV or you are just using this site for one day!! Please get involved with IV. Give some time in a day or in a week or in a month or donate some money or ask some people to join this site. That will help you in long run.
Guys,
I still am waiting to see the actual response of USCIS which suppose to be come in mail either on monday or tuesday, but just for the sake of it, does any body see any approvals also with the message that just says that a decision has been made and have been mailed to you. since I still dont know yet what is the DECISION that they have made.
RB
As someone wrote, you can file Motion to Reopen (MTR) case. Research this site n immigration.com for MTR.
I do not know what is the possibility of applying for PERM labor?
My dear friend are you involved with IV or you are just using this site for one day!! Please get involved with IV. Give some time in a day or in a week or in a month or donate some money or ask some people to join this site. That will help you in long run.
Guys,
I still am waiting to see the actual response of USCIS which suppose to be come in mail either on monday or tuesday, but just for the sake of it, does any body see any approvals also with the message that just says that a decision has been made and have been mailed to you. since I still dont know yet what is the DECISION that they have made.
RB
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