cdeneo
01-08 05:53 PM
If one has applied for AOS and received EAD/AP in the maiden name, should one wait or just get the name changed before I-485 is approved?
Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?
I would really appreciate your insight into this - Thanks!
If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?
I would really appreciate your insight into this - Thanks!
If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
GCUser1
09-12 07:30 AM
Fill this form http://www.dol.gov/esa/forms/whd/WH-4.pdf and submit the form at local office ( http://www.dol.gov/esa/contacts/whd/america2.htm)
Good Luck !!!
Good Luck !!!
texanguy
08-12 02:30 PM
bump
ssksubash
11-12 03:10 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
more...
gc_nebraska
01-11 11:48 AM
Siddharta ! My wife is a Canadian PR since 2 yrs and we live in the US, Can i apply for Canadian PR through spouse living in the US? Do you recommend any website for applications, is there any process please help.
Thanks in Advance
Thanks in Advance
delax
08-06 07:40 PM
If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
more...
mhtanim
11-26 06:06 PM
My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
yogeshmanohar
07-19 10:55 AM
We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
more...
Hassan11
04-09 10:40 AM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Sakthisagar
05-10 12:37 PM
well discussion is always welcome but do you mean that by discussing in the forums, you will have an effect on what will happen to the bill in the senate?i am all for any steps that will have a direct or indirect impact on the future of the bill. but do you really think that by arguing and debating with each other about what should happen will have any impact on the future of the legal immigration??
I do not think anybody here is a great political personality who is having a voice in the senate or congress, YOu know which forum you are in IV is lobbying and trying to make changes in the bill by lobbying and helping the immigrant communities, so ideas comes from debating and discussing that is the democractic way. Even lot of threads immigrationvoice hosted for ideas alone. so open your eyes. Dont wait to make effect in senate alone, but a combined effort by all of us will do.
I do not think anybody here is a great political personality who is having a voice in the senate or congress, YOu know which forum you are in IV is lobbying and trying to make changes in the bill by lobbying and helping the immigrant communities, so ideas comes from debating and discussing that is the democractic way. Even lot of threads immigrationvoice hosted for ideas alone. so open your eyes. Dont wait to make effect in senate alone, but a combined effort by all of us will do.
more...
Guest007
10-06 05:36 PM
I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back
mhtanim
08-27 04:21 PM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?
What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?
more...
gemini23
11-21 08:54 AM
I searched this and could not find anywhere.
does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?
does anyone know for sure that a copy of CURRENT and VALID H1B is needed for EAD renewal?
does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?
does anyone know for sure that a copy of CURRENT and VALID H1B is needed for EAD renewal?
gc28262
07-16 07:30 AM
Murthy Bulletin
VOL. XVI, no. 29; Jul 2010, week 3
Posted : 16.Jul.2010
MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)
Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.
Background of Denial of Entry to the U.S. in January 2010
The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.
Travel Outside of the United States
The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.
CBP Checks on Returning H1B Workers
When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.
The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.
Removed H1B Worker Contacts Murthy to Take Action
The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.
New H1B Petition Approval
While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.
Murthy Takes Action to Reverse Earlier CBP Decision
The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.
Determined Follow-up Leads to Relief
The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.
Conclusion
We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.
VOL. XVI, no. 29; Jul 2010, week 3
Posted : 16.Jul.2010
MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)
Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.
Background of Denial of Entry to the U.S. in January 2010
The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.
Travel Outside of the United States
The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.
CBP Checks on Returning H1B Workers
When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.
The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.
Removed H1B Worker Contacts Murthy to Take Action
The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.
New H1B Petition Approval
While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.
Murthy Takes Action to Reverse Earlier CBP Decision
The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.
Determined Follow-up Leads to Relief
The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.
Conclusion
We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.
more...
sertasheep
08-26 10:09 AM
Dear IV Members,
We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.
--------------------------------------------------------------------------
You can find more information about Ms.Mehta Verma on her firm's website at
http://www.nankin.com/mehtaverma.html
Sonal J. Mehta Verma, Esq.
Nankin & Verma PLLC
11 North Washington Street
Suite 360
Rockville, MD 20850
T: (240) 456-0000
www.nankin.com
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:
Name(Nickname or handle):
City/Area/Country of current residence:
Country of citizenship: (Makes it more relevant)
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.
Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.
--------------------------------------------------------------------------
Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.
--------------------------------------------------------------------------
Thank you, and have a good weekend,
We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.
--------------------------------------------------------------------------
You can find more information about Ms.Mehta Verma on her firm's website at
http://www.nankin.com/mehtaverma.html
Sonal J. Mehta Verma, Esq.
Nankin & Verma PLLC
11 North Washington Street
Suite 360
Rockville, MD 20850
T: (240) 456-0000
www.nankin.com
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:
Name(Nickname or handle):
City/Area/Country of current residence:
Country of citizenship: (Makes it more relevant)
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.
Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.
--------------------------------------------------------------------------
Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.
--------------------------------------------------------------------------
Thank you, and have a good weekend,
swo
07-05 01:40 PM
My guess is EB2 will return to current and EB3 will be retrogressed anything from 2002 to 2005. I doubt it will be any more current than that.
It's impossible to know. It depends how many applications were ready for approval by the time October hits.
It's impossible to know. It depends how many applications were ready for approval by the time October hits.
more...
dish
03-23 11:46 AM
Is the talent bill already introduced in the senate ?
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
ImmigrationAnswerMan
06-29 06:02 PM
Your B-1 visa does not allow you to stay in the US during the gap.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
mohanty99
07-23 04:04 PM
Standard answers to some questions, but they haven't answered some key questions such as in what order the applications will be adjudicated or how long it will take to issue receitps. :confused:
gccovet
06-17 04:07 PM
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
sircaustic
07-15 10:46 PM
Hi,
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.