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An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
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The Audacity of hope...
1) 3 sets of AP valid till october 2008
3) Current pay stubs
4)H1 approval (valid till 2010, no needed but still have it)
Do I need w2 and tax returns etc?
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Always look at last action taken by the USCIS. If USCIS approved your H-1B for employer D, and attached I-94, that means that as long as you are working for employer D at this time and at the time you extend and re-stamp your H-1b visa, there should be no problem. Make sure you take W-2s and Tax returns from previous years you were in H-1B status when you go for a new Visa Stamp.
I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
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The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.
Thanks in advance.
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She went India with all original of AP approval, EAD , copy of EAD, I485, I131 (Not original) and original copy of h1b approval. She is planning to comeback on AP. Is that law that person must carry original i485 receipt when come back on advance parole.
My wife original I485 receipt is with lawyer, when I asked him about original, he said it is not required when you are coming back on AP. Copy should be fine.
Now when discussed with some freinds they said original I485 reciept required when coming back on I485. I am not sure how to handle it.
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I am on H1B. my wife is on H4. I want to apply ITIN no for my wife.
Q1. should i file under "Spouse of U.S. citizen/resident alien" or "Dependent/spouse of a nonresident alien holding a U.S. visa".
Q2. what are the documents I need to submit with the W-7 form.
Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.
Q4. How much is the fee for the ITIN no.
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Visa Interview: Que on Permission to enter New Delhi Embassy for 2 yr 3 months old Son
I am working in USA. I am planning to travel to India next month and require to apply for USA Visa interview.
I have 2 years and 3 months old younger Son who is born in USA and is a American Citizen holding American Passport.
Could you please shar exp. if he will be allowed to be with us during our Visa Interview in New Delhi Embassy. if Yes. pls let me know if there is any requirement for his entry inside the New Delhi Embassy.
Appreciate your reply in this regard.
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My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.
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2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.
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where did you read about this? would you point me to the source?
I always thought that till a decision has been made, you can work on a H1 renewal/ transfer
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.