gccovet
06-06 10:43 AM
Hi,
I just got my H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa? are there any inf on the web? can I do that myself?
Thank you,
John
Like PMAT mentioned, I-539 is to be used, and you can do it by yourself, if you'd like. Download the latest form from http://www.uscis.gov/files/form/ (immigration forms).
You will need, I-129, photocopy of your passport, your I-94 (current), Photocopy of Marriage certificate.
HTH
GCCovet
I just got my H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa? are there any inf on the web? can I do that myself?
Thank you,
John
Like PMAT mentioned, I-539 is to be used, and you can do it by yourself, if you'd like. Download the latest form from http://www.uscis.gov/files/form/ (immigration forms).
You will need, I-129, photocopy of your passport, your I-94 (current), Photocopy of Marriage certificate.
HTH
GCCovet
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maverick_joe
05-12 01:14 PM
anybody?
Has anyone renewed their license with success in VA while the H1 extension is pending? Does a letter from the company attorney along with the H1 extension receipt help?
Has anyone renewed their license with success in VA while the H1 extension is pending? Does a letter from the company attorney along with the H1 extension receipt help?
shanthik
11-17 11:18 AM
I am working on an H1B visa for one of the world's largest retailers. I am in my 5th year of my H1 visa status and it expires in 2011. If an LCA is filed before July 2010 which is a 365 day point I will be allowed to extend my H1 for another 3 years while my Green Card is in process.
The situation is that the advertisement has been done in NJ and they received 100 applications which makes it difficult to support their statement of me being the most capable one beyond all US citizens. So they have decided now to advertise once again in a remote location in NJ and another in VA. Is it ok to file the LCA for a single employee from 2 different locations. Are there any risks involved? Do I need to move to VA in case it is approved before the whole process is done? or can it be avoided till I get my Green Card as I'm working for the same employer in a different state?
Any info and advice is much appreciated.
The situation is that the advertisement has been done in NJ and they received 100 applications which makes it difficult to support their statement of me being the most capable one beyond all US citizens. So they have decided now to advertise once again in a remote location in NJ and another in VA. Is it ok to file the LCA for a single employee from 2 different locations. Are there any risks involved? Do I need to move to VA in case it is approved before the whole process is done? or can it be avoided till I get my Green Card as I'm working for the same employer in a different state?
Any info and advice is much appreciated.
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tonyHK12
05-19 11:59 AM
Arnold's Baby Mama Is Guatemalan Migrant : Barbados Gazette (http://www.barbadosgazette.com/arnold%E2%80%99s-baby-mama-is-guatemalan-migrant/)
more...
Vincelekker
08-25 01:41 PM
I was employed by company A between 2002 who has filed I-140 and I-485 in 2007.
After company ceased to exist, USCIS granted an H1 extension based on an approved ALC filing and I moved to company B. According to the owner of company A, it has no plans to file for bankruptcy.
Company B filed for the H1B extension and I received one that expires Oct 2012. However, company B is now unwilling to continue my employment. My employment will cease Nov 2010.
Besides looking for another job, anyone has any inputs?
After company ceased to exist, USCIS granted an H1 extension based on an approved ALC filing and I moved to company B. According to the owner of company A, it has no plans to file for bankruptcy.
Company B filed for the H1B extension and I received one that expires Oct 2012. However, company B is now unwilling to continue my employment. My employment will cease Nov 2010.
Besides looking for another job, anyone has any inputs?
Blog Feeds
06-05 04:00 PM
I'm at the annual meeting of the American Immigration Lawyers Association here in Las Vegas. More than 10, 000 lawyers gathered here in Las Vegas to learn about the most recent updates from the Government directly.
We just finished a session with the Department of Labor. Some of the key news is that more company audits are on the way. In fact, currently there are 200 cases pending in the audit line. They promised more audits as the icert system will become a standard in filing PERM, LCA and Prevailing wage requests.
Also H2B cases now must prevailing wage requests directly with the Chicago DOL center. There is a slight delay in processing. They are currenlty working on PWD's filed on May 8th or before. Wea ll need to be patient.
I will keep posting more updates as the day progresses. Next I am off to the USCIS open forum. More exciting news to report soon.
More... (http://www.visalawyerblog.com/2009/06/blogging_from_the_aila_annual.html)
We just finished a session with the Department of Labor. Some of the key news is that more company audits are on the way. In fact, currently there are 200 cases pending in the audit line. They promised more audits as the icert system will become a standard in filing PERM, LCA and Prevailing wage requests.
Also H2B cases now must prevailing wage requests directly with the Chicago DOL center. There is a slight delay in processing. They are currenlty working on PWD's filed on May 8th or before. Wea ll need to be patient.
I will keep posting more updates as the day progresses. Next I am off to the USCIS open forum. More exciting news to report soon.
More... (http://www.visalawyerblog.com/2009/06/blogging_from_the_aila_annual.html)
more...
someoneincalif
05-21 01:34 AM
Folks, here are some lobbying and action items that will be very useful.
1) Try reaching out to your American friends/managers/colleagues and ask them to call Senators.
2) Universities are missing in action here. They are major beneficiaries of high-skilled immigration, because graduate school is typical first step. They must be concerned with not only the fact that special categories for researchers/professors is gone but also that lot fewer students from India and China will labor in their labs. COUNCIL OF GRADUATE EDUCATION is a good place to start.
3) Someone please write and op-ed piece of NY Times. They are pretty sympathetic to these kind of issues. A major criteria for publication in the op-ed section is that the topic should be current. The plight of legal immigrants can't get more current that this. Any op-ed piece will get major exposure to our plight. Here is a link on how to contribute to NYT op-ed: http://www.nytimes.com/ref/membercenter/help/opedsubmit.html
The op-ed should not be complaining in tone, but rather show the value of having a proper high-skilled immigration reform for the American economy.
4) Where are those powerful desis we see on rediff? There are many desi executives, board members. They regularly dole out money to campaigns. If they can't put a word for us now, when will they do? After all most of them went through this process.
These are only some ideas on how we can cause at least some ripples. Please contribute more and put some in to action.
1) Try reaching out to your American friends/managers/colleagues and ask them to call Senators.
2) Universities are missing in action here. They are major beneficiaries of high-skilled immigration, because graduate school is typical first step. They must be concerned with not only the fact that special categories for researchers/professors is gone but also that lot fewer students from India and China will labor in their labs. COUNCIL OF GRADUATE EDUCATION is a good place to start.
3) Someone please write and op-ed piece of NY Times. They are pretty sympathetic to these kind of issues. A major criteria for publication in the op-ed section is that the topic should be current. The plight of legal immigrants can't get more current that this. Any op-ed piece will get major exposure to our plight. Here is a link on how to contribute to NYT op-ed: http://www.nytimes.com/ref/membercenter/help/opedsubmit.html
The op-ed should not be complaining in tone, but rather show the value of having a proper high-skilled immigration reform for the American economy.
4) Where are those powerful desis we see on rediff? There are many desi executives, board members. They regularly dole out money to campaigns. If they can't put a word for us now, when will they do? After all most of them went through this process.
These are only some ideas on how we can cause at least some ripples. Please contribute more and put some in to action.
2010 Database Management System
seahawks
02-14 01:48 AM
Reminder for all members who haven't signed up for recurring contributions to contribute. Here is mine
Seller Information: Immigration Voice
donations@immigrationvoice.org
Transaction ID: 5FW127555L9300342 Placed on Feb. 13, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
Contributed so far 350 and counting. GO IV!!!!
Seller Information: Immigration Voice
donations@immigrationvoice.org
Transaction ID: 5FW127555L9300342 Placed on Feb. 13, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
Contributed so far 350 and counting. GO IV!!!!
more...
milindt
03-12 11:42 AM
Thanks for your response. I did check the extension form many times and also reviewed it from another person. Because of their same last name and similar first name we all missed the mistake. We took an infopass appointment for tomorrow. Also we did go to CBP but they told us to file I 102 for my mother-in-law to get new I-94. Also I think I have to send the my father-in-law's I-94 to the following address for correction
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Unfortunately now my mother-in-law has to go back early.
One thing I learned it to always check the full content of the I-94 after arrival.
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Unfortunately now my mother-in-law has to go back early.
One thing I learned it to always check the full content of the I-94 after arrival.
hair for the Tutorial database.
ricky26
02-04 05:53 AM
my self (h1 holder) and my spouse (h4 holder) currently out of country. 485 approved for h1 holder. but AOS is still pending for h4 holder. H4 holder does not have AP.
What happens at POE ? We both have valid h1 and h4 stamping but no AP. are we allowed to re-enter on H1 and H4 ?
Please help.
What happens at POE ? We both have valid h1 and h4 stamping but no AP. are we allowed to re-enter on H1 and H4 ?
Please help.
more...
user1205
08-20 06:00 PM
There were different bills the took on CIR. A new one will be introduced in the Senate in September it seems. I think the article is talking about CIR in general.
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krishna_brc
07-10 08:54 AM
Did you get an answer from your attorney?
yes please let us know
yes please let us know
more...
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wandmaker
11-26 02:04 AM
tanyas_21: Amendment processing time is same as normal H1 processing time. Your status is H4 until the H1B amendment (797 w/ I-94) is approved or You re-enter USA after you get your H1B stamped. USCIS usually sends cable to home consulate mentioned in I-129 about the approval of H1B - It is one of the reason, most of the attorneys' recommend people to get it stamped from home consulate. As long as you go with all the paper work, You can get it stamped from Mexico, and I dont see any issues. Do not attempt to get it stamped from Canada unless you have a verifiable US education. Good luck!
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nousername
01-19 03:01 PM
Sorry to hear about your situation. You are out of status the minuet you lost your job and the 180 days clock has already started ticking i.e. out of status for more then 180 days and still in the country may result in 5 yr entry ban.
I don't want to scare you but just sharing the law details.
Now you best course of action would be to get a job ASAP and get your H1 transferred. For this process immigration will ask for your last pay stub and if there is a big gap then they might reject your visa but again it is hard to say anything as it totally depends upon the officer.
Also, hire a good attorney if you can.
Staying in the US after losing a job on H1 is a gray area, especially when you have a valid i-94 hence getting a good attorney is very important.
Also, you might want to look at student visa or visitor visa to maintain your legal status.
Good luck
Do you have any idea about the other legal options in terms of immigration i might have.?
I don't want to scare you but just sharing the law details.
Now you best course of action would be to get a job ASAP and get your H1 transferred. For this process immigration will ask for your last pay stub and if there is a big gap then they might reject your visa but again it is hard to say anything as it totally depends upon the officer.
Also, hire a good attorney if you can.
Staying in the US after losing a job on H1 is a gray area, especially when you have a valid i-94 hence getting a good attorney is very important.
Also, you might want to look at student visa or visitor visa to maintain your legal status.
Good luck
Do you have any idea about the other legal options in terms of immigration i might have.?
more...
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freddyCR
March 1st, 2005, 05:02 PM
I almost fell into the scenery in this one.
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http://www.dphoto.us/forumphotos/data/500/medium/depth_8x6_L.jpg
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neeshpal
07-12 03:25 PM
Thanks a lot for quick replies. That answer my questions.
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Blog Feeds
07-16 04:50 PM
U.S. Department of Homeland Security Secretary Janet Napolitano today traveled to Laredo, Texas to announce more than $47 million in fiscal year 2010 Operation Stonegarden grants for the Southwest border states. She also met with law enforcement leaders to discuss the Department�s efforts to support state, local and tribal law enforcement in protecting communities from cross-border threats. She said, "Over the past year and a half, this Administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure while combating transnational criminal organizations that smuggle weapons, cash and people across our shared border with Mexico.� She said that Operation Stonegarden is one part of our overall strategy to provide state, local and tribal law enforcement on the frontlines the resources they need to confront the complex and dynamic challenges that exist along our borders.
The fiscal year 2010 Operation Stonegarden grants�totaling $60 million nationally�support 15 border states and the Territory of Puerto Rico to enhance the capabilities of federal, state, local and tribal law enforcement agencies to secure U.S. borders and territories. Funds were allocated using CBP�s sector-specific border risk methodology based on threat, vulnerability, miles of border and border-specific law enforcement intelligence. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas�up from 59 percent in 2008. Operation Stonegarden grants can be used to support law enforcement personnel, overtime, and other related costs to increase operational readiness.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_27.html)
The fiscal year 2010 Operation Stonegarden grants�totaling $60 million nationally�support 15 border states and the Territory of Puerto Rico to enhance the capabilities of federal, state, local and tribal law enforcement agencies to secure U.S. borders and territories. Funds were allocated using CBP�s sector-specific border risk methodology based on threat, vulnerability, miles of border and border-specific law enforcement intelligence. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas�up from 59 percent in 2008. Operation Stonegarden grants can be used to support law enforcement personnel, overtime, and other related costs to increase operational readiness.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_27.html)
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h1techSlave
04-24 02:03 PM
I have similar questions and do not know the answer. Hope the lawyer would answer it during the conference call:
http://immigrationvoice.org/forum/showthread.php?t=18654
http://immigrationvoice.org/forum/showthread.php?t=18654
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eagerr2i
08-07 12:56 PM
Have you guys seen the letters written by Compete America Board to US Senators and Congressmen. The points they talk about are very similar to the issues identified by us. You may browse the section when you have some time. The link is
http://www.competeamerica.org/hill/letter_congress/index.html
http://www.competeamerica.org/hill/letter_congress/index.html
Blog Feeds
05-05 06:40 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
Blog Feeds
08-10 10:00 AM
The Department of Labor (DOL) issued new PERM FAQs (http://www.h1b.biz/lawyer-attorney-1135851.html) on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a "business day" for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
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