number30
03-15 02:36 PM
My mother-in-law would like to get visitor visa.
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
She has to be truthful. Otherwise it can create big problem later. Why you husband did not apply for the card when married to a citizen?
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
She has to be truthful. Otherwise it can create big problem later. Why you husband did not apply for the card when married to a citizen?
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cox
December 8th, 2005, 08:54 AM
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bitzbytz
06-21 02:08 PM
I know a person, who was on H1b since Oct 06 without Pay (with valid H4visa stamp) and In feb 07 , she went to India and returned to US on her unexpired H4 visa. Did anyone hear similar stories.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
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goosetavo
01-10 03:26 PM
Why isn't IV a national member of the Reform Immigration for America Campaign? If you take a look at the list of participating organizations Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/about/organizations/) you'll only see that the TX state chapter has signed on. Core group, could one of you take a look and sign-up? Would IV consider cooridnating events with them during 2010?
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evildrummer
04-01 11:33 AM
I got matched to the penguin counter :h: WOW!!! I get to move to the antarctic!
I am not endorsing our relationship!
I am not endorsing our relationship!
problem2010
01-05 12:27 PM
I am currently on H1-B, however, I was not staffed on any project and hence was not paid for the past one year and two months. Now I want to apply for a change of status to H4 and found that I may need to provide recent pay stubs for 2-3 months. I was not aware of the rule that in such case one should file a COS within 180 days of H1-B activation. I spoke to my employer about this and he asked me to file for a COS without submitting any pay stubs. In case a RFE comes asking for pay stubs etc, he said we would provide a letter stating that due to personal family problems and relocation problems I was not able to join any project.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
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optimystic
10-19 10:27 PM
I am thinking of taking an Info Pass nevertheless and try to get some status about my case. If the IO mentions anything about "normal processing times" I am gonna ask him how can he tell whether my case is currently within normal processing times or not ! And see how what response he/she gives me.
They had already made PD bulletins a big joke and now added the Processing date bulletin to that bucket. I wonder what kind of improvements (if at all) in the accuracy of data that we will see after their DB upgrades...
They had already made PD bulletins a big joke and now added the Processing date bulletin to that bucket. I wonder what kind of improvements (if at all) in the accuracy of data that we will see after their DB upgrades...
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ubetman
05-26 02:19 PM
HI,
I efiled on April 7th and got FP notice on April 15th or so with appointment date of April 30th. Hope this helps.
I efiled on April 7th and got FP notice on April 15th or so with appointment date of April 30th. Hope this helps.
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nashorn
12-12 03:42 AM
anybody please...
Many threads here are on this, you've got to look for it and read. You've asked a question that has been asked and answered many times. That is why nobody has answered your questions.
In brief, you can use AP to come back, and work with H1B for the company who filed your H1B petition, and you can extend or transfer your H1B as well. You can also work on EAD for anyone you want, but you cannot come back to H1B.
There is more on other threads that will make you feel more positive about these answers, and helpful info on traval with AP.
Many threads here are on this, you've got to look for it and read. You've asked a question that has been asked and answered many times. That is why nobody has answered your questions.
In brief, you can use AP to come back, and work with H1B for the company who filed your H1B petition, and you can extend or transfer your H1B as well. You can also work on EAD for anyone you want, but you cannot come back to H1B.
There is more on other threads that will make you feel more positive about these answers, and helpful info on traval with AP.
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GetGC08
09-17 12:51 PM
Hello,
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
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styrum
04-03 03:31 PM
When submitting online you get a generated 9089 form in a PDF file, complete with the case number in it.
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Ann Ruben
08-13 08:16 PM
You will not jeopardize your I-485 as long as job with company C is in same or similar occupation. Whether USCIS will grant an H-1 3 year extension based on a withdrawn/revoked I-140 is not certain. I outlined the reasons for this uncertainty in my response on the thread entitled "Facing Layoff---6 months left..."
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Prashanthi
04-09 01:02 PM
yes he can
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Prashanthi
05-27 05:19 PM
In order to do this, she will have to leave the country and apply for a H-1b consular processing. Get a new visa and come back into the county on H-1. She cannot file for a change of status to H-1 from AOS.
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Kaianna
08-09 03:06 PM
But my lawyer chose this. and I already signed the form. Does it really matter? As he stated " Spose has an approved I-140"
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
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Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
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sidbee
10-21 11:25 AM
Hi,
Apologies for any inconvenience caused by this thread.
Does 1 require a UK Visa if they are travelling on British Airways? As i have my parents travelling from India to USA on British Airways(they have Multiple B1/B2 US Visa)..
Spoke to BA &they advised me to speak to UK Consulate.:(
Any info be helpful.
Thnx
You need a UK Transit Visa only if you don't have a valid USA VISA stamped in the passport.
My Parents always use BA, and they never take a UK transit visa.
But if i use BA to visit India, in the near future i would be taking a transit visa, as my H1 Visa on the passport has expired (Using H1 Extension Approval right now)
Apologies for any inconvenience caused by this thread.
Does 1 require a UK Visa if they are travelling on British Airways? As i have my parents travelling from India to USA on British Airways(they have Multiple B1/B2 US Visa)..
Spoke to BA &they advised me to speak to UK Consulate.:(
Any info be helpful.
Thnx
You need a UK Transit Visa only if you don't have a valid USA VISA stamped in the passport.
My Parents always use BA, and they never take a UK transit visa.
But if i use BA to visit India, in the near future i would be taking a transit visa, as my H1 Visa on the passport has expired (Using H1 Extension Approval right now)
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visves
05-01 06:22 PM
seems to work just fine for me ??
Looks like immigration-law.com is hacked and being redirected to deckplans.com
Looks like immigration-law.com is hacked and being redirected to deckplans.com
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minimalist
11-12 10:05 AM
The policies that are supposed to help recovery are being worked on and will take time to show results. Remember nobody felt the recession until 1 year after it actually started. While waiting for the policies to take effect or show results ,positive or negative, they can act on other things that are important.
All other activities are not being carried out while ignoring the economy. They are trying to multi-task.
Think of it this way. When dinnertime comes around, mom may be preparing dinner and watching TV at the same time.It doesn't mean she is ignoring the family needs.
All other activities are not being carried out while ignoring the economy. They are trying to multi-task.
Think of it this way. When dinnertime comes around, mom may be preparing dinner and watching TV at the same time.It doesn't mean she is ignoring the family needs.
mnkaushik
02-09 03:36 PM
My Lawyer said the same thing. If you say the minimum requirement for a particular job is Bachelors + 5years of exp then every person hired for that position in the past should have Bachelors + 5yrs of exp.
anilsal
06-23 01:06 AM
only for the primary, you have to answer the question.
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