a2006
10-04 03:30 PM
$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930
I would assume that EAD and AP have to be paid for separately.
see the last paragraph. Looks like the new fee is a combined fee.
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
I would assume that EAD and AP have to be paid for separately.
see the last paragraph. Looks like the new fee is a combined fee.
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
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SH2009
06-10 09:04 PM
Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
tempgc
10-17 02:25 PM
Thanks vaishu
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eb2dec2005
05-27 11:44 AM
If your MIL is not in the US, you cannot technically extend the visa.
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
more...
davidk
02-16 08:41 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
ashiqman
06-24 03:07 PM
Three year extension is normally for people who are subject to ... Again since the H-1B 1 year extension is already approved, .... H1-B extension beyond 6 years, xlf14, Nonimmigrant Visas, 0, Mon Aug 14, 2006 02:49 pm
more...
ita
10-23 05:04 PM
From this link it's sure Obama is going to get CIR taken care of.All those undocumented workers ,who he is so sweetly saying should get into the the end of the line after paying fine ,now will they effect our long queues in anyway?(like the amnesty people did to EB3 in 2000)
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
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inspectorfox
08-17 03:46 PM
Don't tell me you got one for this!
more...
peekay
12-17 01:47 PM
My current status is H1B with I-140 approved. I am planning for a fulltime MBA for which I have to transfer my visa to student visa. I heard from some sources that I cannot transfer to student visa when my 140 is approved. Does anyone here knows how far this is true?
Sandy
Sandy
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Blog Feeds
04-27 08:50 AM
The Sojourners are condemning the new law and promising civil disobedience. Here is their leader Reverend Jim Wallace's statement: The law signed today by Arizona Gov. Brewer is a social and racial sin, and should be denounced as such by people of faith and conscience across the nation. It is not just about Arizona, but about all of us, and about what kind of country we want to be. It is not only mean-spirited - it will be ineffective and will only serve to further divide communities in Arizona, making everyone more fearful and less safe. This radical new measure,...
More... (http://blogs.ilw.com/gregsiskind/2010/04/christian-organization-vows-to-defy-arizona-law.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/christian-organization-vows-to-defy-arizona-law.html)
more...
aranya
06-02 05:11 PM
AFAIK
One may enjoy only one status (either H4 or H1) at any point of time. So if your wife is on H4 there is no "still valid H1". That said,
1] The COS from H4 to H1 will not be counted against the annual cap in this case - see Dec 2005 (or 2006) memo.
2] I am not sure what your trying to ask but COS from H4 to H1 will not be counted against for next year's annual cap.
3] See Processing Center dates
One may enjoy only one status (either H4 or H1) at any point of time. So if your wife is on H4 there is no "still valid H1". That said,
1] The COS from H4 to H1 will not be counted against the annual cap in this case - see Dec 2005 (or 2006) memo.
2] I am not sure what your trying to ask but COS from H4 to H1 will not be counted against for next year's annual cap.
3] See Processing Center dates
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mugwump
12-06 08:21 AM
what do you mean by code 3?
more...
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roseball
07-26 09:21 PM
Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
Since your spouse is in US on H1, do you know if she/he filed for his I-140/I-485. If so, there are chances that your F-1 visa can be rejected on the grounds of "potential immigrant" even though your I-485 is not filed. F-1 can be rejected because your spouse has shown immigrant intent which means you could be a potential immigrant as well.
Otherwise, if you have all the documents (educational background from accredited university, bank statements, valid I-20), you should get your F-1 visa without any issues. If for some reason its denied, then you can use your current valid H4 visa to re-enter US on H4. In that case, you will again roll back to H4 status upon re-entry.
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
Since your spouse is in US on H1, do you know if she/he filed for his I-140/I-485. If so, there are chances that your F-1 visa can be rejected on the grounds of "potential immigrant" even though your I-485 is not filed. F-1 can be rejected because your spouse has shown immigrant intent which means you could be a potential immigrant as well.
Otherwise, if you have all the documents (educational background from accredited university, bank statements, valid I-20), you should get your F-1 visa without any issues. If for some reason its denied, then you can use your current valid H4 visa to re-enter US on H4. In that case, you will again roll back to H4 status upon re-entry.
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gcwait2007
03-28 04:32 PM
I got a LUD today filed 7/11/2007 NSC
what is your category? EB-2 or EB-3? Thanks in advance.
what is your category? EB-2 or EB-3? Thanks in advance.
more...
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Blog Feeds
01-20 07:00 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
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ItIsNotFunny
11-11 07:54 AM
Please send mails to fight AC21 injustice:
http://immigrationvoice.org/forum/showthread.php?t=22182
http://immigrationvoice.org/forum/showthread.php?t=22182
more...
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Ann Ruben
04-17 01:09 PM
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
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justice4all
02-02 05:15 PM
Hello,
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
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snathan
08-19 02:02 PM
Hi Gurus,
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
Get the receipt notice and join them.
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
Get the receipt notice and join them.
Blog Feeds
10-15 06:30 PM
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
fatboysam
02-12 08:33 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
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