glus
04-18 12:15 PM
hello,
Unfortunately a person with a pending form I-130 is not eligible to receive a work authorization. I-130 itself does not give you the legal authority to USCIS to issue a work permit. It is possible to get a work authorization if such a person has a pending I-485 (Adjustment of status) or is in other valid immigration status that would allow him / her to get work authorization.
Hope this helps?
Unfortunately a person with a pending form I-130 is not eligible to receive a work authorization. I-130 itself does not give you the legal authority to USCIS to issue a work permit. It is possible to get a work authorization if such a person has a pending I-485 (Adjustment of status) or is in other valid immigration status that would allow him / her to get work authorization.
Hope this helps?
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onemoredesi
08-13 11:37 AM
My 140 approved in May 07 and I had an LUD on 8-12-07.
AP approved a week ago and I had another LUD on 8-12-07.
I know a bunch of people had similar LUD on their 140s. I am thinking it could be a database issue. No impact..
AP approved a week ago and I had another LUD on 8-12-07.
I know a bunch of people had similar LUD on their 140s. I am thinking it could be a database issue. No impact..
nishaatul26
10-19 02:15 PM
Hi,
If a person is on dependant visa (H4) and applies for green card with their spouse's green card application, can they apply for H1 as well?
Thanks,
Nisha
If a person is on dependant visa (H4) and applies for green card with their spouse's green card application, can they apply for H1 as well?
Thanks,
Nisha
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Blog Feeds
09-11 12:00 PM
United States Citizenship and Immigration Services (USCIS) released an updated H-1B cap count of 45,100 as of August 28, 2009. This reflects an increase of 100 cases from the prior count, provided on August 14, 2009. The advanced-degree cap remains at 20,000. The USCIS continues to accept FY2010 H1B cases under the advanced-degree and regular caps.
We suggest to US employers to file H-1B Petitions only if they can able to provide the Client details like Letter from the end-client, Work-orders confirming the placement. If you are having an in-house requirement, provide USCIS with ample proof of your in-house requirements. Considering the flood of H-1B RFEs, we have to be bit cautious in filing works. The standard approach prevailing until last year needs a re-look. Be assured, if you are right on papers and abide the Immigration requirement, you will for sure come with flying colors. We will be happy to help and support you in H-1B and other filings. It is widely believed that the H-1B Cap will be available even after Sept. 30, 2009.
More... (http://www.visalawyerblog.com/2009/09/h1b_cap_update_1.html)
We suggest to US employers to file H-1B Petitions only if they can able to provide the Client details like Letter from the end-client, Work-orders confirming the placement. If you are having an in-house requirement, provide USCIS with ample proof of your in-house requirements. Considering the flood of H-1B RFEs, we have to be bit cautious in filing works. The standard approach prevailing until last year needs a re-look. Be assured, if you are right on papers and abide the Immigration requirement, you will for sure come with flying colors. We will be happy to help and support you in H-1B and other filings. It is widely believed that the H-1B Cap will be available even after Sept. 30, 2009.
More... (http://www.visalawyerblog.com/2009/09/h1b_cap_update_1.html)
more...
Macaca
08-01 08:03 PM
The Speaker In Charge (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/31/AR2007073101628.html?hpid=opinionsbox1) By Harold Meyerson (meyersonh@washpost.com), August 1, 2007
This is one of those odd weeks when Congress may actually work. Both houses are likely to pass Democratic bills to expand SCHIP, the children's health coverage program. Yesterday, the House enacted lobbying reform, and the Senate may follow suit tomorrow. Also yesterday, the House passed a bill restoring the right of victims of pay discrimination to sue their employers.
In short, it's one of those weeks when Nancy Pelosi has no doubts about the wisdom of her decision to become speaker of the House.
"What's it like?" she asked herself, beaming, at the conclusion of a breakfast meeting with roughly 20 liberal journalists yesterday morning.
"It's fabulous! Absolutely fabulous!"
It can't always be thus. Her biggest frustration, of course, is Congress's inability to end the war in Iraq, which she terms "a huge moral catastrophe for the country." It is the public's biggest frustration as well, she says, and the main reason that popular support for Congress has plummeted.
In September, Iraq will once again be Congress's chief item of business, when Gen. David Petraeus delivers his state-of-the-war report.
Pelosi (understandably, given the administration's mountain of misrepresentation on all war-related matters) is wary. "The plural of anecdote is not data," she said. "I'm very concerned they'll pass off anecdotal successes as progress in Iraq."
The question in September will be whether congressional Republicans continue to support President Bush's open-ended commitment to keeping U.S. forces in Iraq while a civil war rages around them. To date, the Republicans' strategy, and not just on the war, has been to thwart the Democrats at every turn and to use the Senate's 60-vote supermajority requirement both to create a "do-nothing" Congress against which they can run and to spare their president from having to veto popular legislation. (Why they care about sparing Bush -- he will never face voters again; they will -- plunges us into the murk of abnormal psychology.)
The GOP strategy is not without its pitfalls. Republicans have succeeded in tanking Congress's approval ratings, but polls consistently show the public, most importantly in swing districts, preferring Democrats to Republicans. With this week's vote on expanding SCHIP, though, Democrats are convinced that the price of blocking health care for uninsured children is more than many Republicans are willing to pay. Bush has vowed to veto the legislation; Pelosi, noting with an almost incredulous glee that the administration will stand athwart children's health care on the grounds of opposing a higher tobacco tax, says, simply, "Welcome to this discussion."
Not all discussions, even in a good week, are so pleasurable to anticipate. Asked about the resolution that her congressional colleague Jay Inslee of Washington has introduced to impeach Attorney General Alberto Gonzales, Pelosi put her hands to her temples as if to ward off a headache. For the past year, Pelosi has made clear to her colleagues and the public alike that she has no interest in pursuing the impeachment option, though Gonzales is certainly doing his damnedest to change her mind. She remains unpersuaded, believing that impeachment would fail and in the process would make weeks such as this one -- a week in which the public's business is at last getting done -- far more uncommon than they already are.
Pelosi understands the gravity of the damage that the administration has done to the Constitution and why that has impelled some of her colleagues to advocate impeachment. "If I were not the speaker and I were not in Congress," she said, very quietly, as she concluded her answer, "I would probably be advocating for impeachment." But the consequences she foresees from stopping the nation's business for an unwinnable fight outweighs those considerations.
Pelosi deserves considerable credit for holding her party together on a range of divisive issues, but she plainly views the coming fight among House Democrats on fuel efficiency standards as irrepressible.
The energy bill the House will pass this week contains no provisions that would raise those standards; such provisions, if any, await the outcome of a battle between Pelosi and Energy and Commerce Committee Chairman John Dingell, the Democrat who has represented Detroit and the auto industry in Congress since 1955 (that is, before tailfins).
"I respect all our chairmen," Pelosi said. But the legislation, she continued, isn't about them. "It's about our children's ability to breathe clean air. Nothing less than the planet is at stake. I love him [Dingell] dearly, but we have to prevail. . . . The forces at work here [against stricter standards] are rich and entrenched," she concluded, "and it takes just a few [votes] to prevent us from unleashing the future."
Thus, the most elegant of happy warriors, in a week when it's fun to be speaker.
This is one of those odd weeks when Congress may actually work. Both houses are likely to pass Democratic bills to expand SCHIP, the children's health coverage program. Yesterday, the House enacted lobbying reform, and the Senate may follow suit tomorrow. Also yesterday, the House passed a bill restoring the right of victims of pay discrimination to sue their employers.
In short, it's one of those weeks when Nancy Pelosi has no doubts about the wisdom of her decision to become speaker of the House.
"What's it like?" she asked herself, beaming, at the conclusion of a breakfast meeting with roughly 20 liberal journalists yesterday morning.
"It's fabulous! Absolutely fabulous!"
It can't always be thus. Her biggest frustration, of course, is Congress's inability to end the war in Iraq, which she terms "a huge moral catastrophe for the country." It is the public's biggest frustration as well, she says, and the main reason that popular support for Congress has plummeted.
In September, Iraq will once again be Congress's chief item of business, when Gen. David Petraeus delivers his state-of-the-war report.
Pelosi (understandably, given the administration's mountain of misrepresentation on all war-related matters) is wary. "The plural of anecdote is not data," she said. "I'm very concerned they'll pass off anecdotal successes as progress in Iraq."
The question in September will be whether congressional Republicans continue to support President Bush's open-ended commitment to keeping U.S. forces in Iraq while a civil war rages around them. To date, the Republicans' strategy, and not just on the war, has been to thwart the Democrats at every turn and to use the Senate's 60-vote supermajority requirement both to create a "do-nothing" Congress against which they can run and to spare their president from having to veto popular legislation. (Why they care about sparing Bush -- he will never face voters again; they will -- plunges us into the murk of abnormal psychology.)
The GOP strategy is not without its pitfalls. Republicans have succeeded in tanking Congress's approval ratings, but polls consistently show the public, most importantly in swing districts, preferring Democrats to Republicans. With this week's vote on expanding SCHIP, though, Democrats are convinced that the price of blocking health care for uninsured children is more than many Republicans are willing to pay. Bush has vowed to veto the legislation; Pelosi, noting with an almost incredulous glee that the administration will stand athwart children's health care on the grounds of opposing a higher tobacco tax, says, simply, "Welcome to this discussion."
Not all discussions, even in a good week, are so pleasurable to anticipate. Asked about the resolution that her congressional colleague Jay Inslee of Washington has introduced to impeach Attorney General Alberto Gonzales, Pelosi put her hands to her temples as if to ward off a headache. For the past year, Pelosi has made clear to her colleagues and the public alike that she has no interest in pursuing the impeachment option, though Gonzales is certainly doing his damnedest to change her mind. She remains unpersuaded, believing that impeachment would fail and in the process would make weeks such as this one -- a week in which the public's business is at last getting done -- far more uncommon than they already are.
Pelosi understands the gravity of the damage that the administration has done to the Constitution and why that has impelled some of her colleagues to advocate impeachment. "If I were not the speaker and I were not in Congress," she said, very quietly, as she concluded her answer, "I would probably be advocating for impeachment." But the consequences she foresees from stopping the nation's business for an unwinnable fight outweighs those considerations.
Pelosi deserves considerable credit for holding her party together on a range of divisive issues, but she plainly views the coming fight among House Democrats on fuel efficiency standards as irrepressible.
The energy bill the House will pass this week contains no provisions that would raise those standards; such provisions, if any, await the outcome of a battle between Pelosi and Energy and Commerce Committee Chairman John Dingell, the Democrat who has represented Detroit and the auto industry in Congress since 1955 (that is, before tailfins).
"I respect all our chairmen," Pelosi said. But the legislation, she continued, isn't about them. "It's about our children's ability to breathe clean air. Nothing less than the planet is at stake. I love him [Dingell] dearly, but we have to prevail. . . . The forces at work here [against stricter standards] are rich and entrenched," she concluded, "and it takes just a few [votes] to prevent us from unleashing the future."
Thus, the most elegant of happy warriors, in a week when it's fun to be speaker.
leoindiano
07-01 10:14 AM
Will CIS Discontinue Intake of I- 485 Applications?
It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.
It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.
more...
santa123
09-02 07:07 PM
Is there an active IV FL chapter? If so pls provide details.
2010 VBS 2011, Gold Rush:
thomachan72
06-21 05:57 PM
Hi is there anybody here who has applied for GC while on L1? Any experts out here who know whether it is difficult to apply for GC while on L1, compared to the H1b?
more...
srisra
09-09 01:39 PM
I am working for my current company since 2001 and started GC process in 2003(EB3 10/2003). So far my company paid all expenses towards my GC. I applied for 485 in 8/07.
Recently I got an offer as Manager. This is a much better position.
If I take that offer, will my current employer have the right to cancel I-140(since he incurred all the expenses towards my GC).
My company's current lawyer will definitely send the cancellation of G-28. in addition I am sure he will also intimate that I am not working with my current employer anymore. In addition I am also afraid he might cancel my I-140 with the intimation from my current employer. In this case, is it better for me to approach a new lawyer and send the AC21 letter attaching my new offer before my current lawyer/employer does their process.
Do i need any other letter from my new employer other than the Offer Letter to send the AC21 letter?
I did not tell my new employer that I am now on EAD (becoz he does not understand anything except GC or Citizenship). is it OK if I dont tell beofre I join them?
Thanks guys.
Recently I got an offer as Manager. This is a much better position.
If I take that offer, will my current employer have the right to cancel I-140(since he incurred all the expenses towards my GC).
My company's current lawyer will definitely send the cancellation of G-28. in addition I am sure he will also intimate that I am not working with my current employer anymore. In addition I am also afraid he might cancel my I-140 with the intimation from my current employer. In this case, is it better for me to approach a new lawyer and send the AC21 letter attaching my new offer before my current lawyer/employer does their process.
Do i need any other letter from my new employer other than the Offer Letter to send the AC21 letter?
I did not tell my new employer that I am now on EAD (becoz he does not understand anything except GC or Citizenship). is it OK if I dont tell beofre I join them?
Thanks guys.
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Blog Feeds
01-22 03:00 PM
Vows to Move Fast for Haitian Immigrants in U.S. - NYTimes.com (http://www.nytimes.com/2010/01/21/us/21immig.html?sms_ss=blogger)
https://blogger.googleusercontent.com/tracker/2893395975825897727-1733329813943632350?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/vows-to-move-fast-for-haitian.html)
https://blogger.googleusercontent.com/tracker/2893395975825897727-1733329813943632350?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/vows-to-move-fast-for-haitian.html)
more...
amnak
05-09 08:35 AM
hi
i have been offered a job at my current research centre where i worked as a student. I want to go back to my home country. The job can be done online and does not require physical presence in the USA. Will i still need an OPT? or can they employ me as an international worker? if they wmploy me as an international consultant then what are the ramifications for teh company? wht is the legal procedure? will they have to pay taxes more etc?
Please help
i have been offered a job at my current research centre where i worked as a student. I want to go back to my home country. The job can be done online and does not require physical presence in the USA. Will i still need an OPT? or can they employ me as an international worker? if they wmploy me as an international consultant then what are the ramifications for teh company? wht is the legal procedure? will they have to pay taxes more etc?
Please help
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Didiusthegreat
10-19 08:51 AM
You can also export your movie from swift 3d (I have V2) with a white background, and then when you import that in Flash, there should be no background
more...
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hopelessGC
08-10 01:58 PM
Hi all,
I need some good advice and facts...
My friend's H1-B extension is approved but the stamping (Mumbai consulate) might get denied due to a previous (dismissed) charge for driving with suspended license.
What are the options after that? Can he re-apply for the visa stamping again using the same H1-B approval petition? Can we appeal the decision since it document clearly states that the fine was paid?
Please advise.
I need some good advice and facts...
My friend's H1-B extension is approved but the stamping (Mumbai consulate) might get denied due to a previous (dismissed) charge for driving with suspended license.
What are the options after that? Can he re-apply for the visa stamping again using the same H1-B approval petition? Can we appeal the decision since it document clearly states that the fine was paid?
Please advise.
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sanam9696
06-14 08:03 PM
My I140 (Bachelor degree, EB3, PD: Nov'04) was approved last month from my previous employer.
I completed my MBA in Jun'06 and joined another company; my job description has changed totally and I can't use previously approved labor for my new job. My new employer will initiate the process of labor, next week.
I checked with my previous employer and he informed me that he is ready to give me a support letter, if I want to go ahead and file I485 based on EB3 I140.
Questions:
Is it possible to file I485, even if we are not working with the employer?
Once I have filed I485 based on my EB3 I140, and if the application remains pending for next 6 months, is it still possible to port the PD (Nov'04) to the new EB2 based petition?
I completed my MBA in Jun'06 and joined another company; my job description has changed totally and I can't use previously approved labor for my new job. My new employer will initiate the process of labor, next week.
I checked with my previous employer and he informed me that he is ready to give me a support letter, if I want to go ahead and file I485 based on EB3 I140.
Questions:
Is it possible to file I485, even if we are not working with the employer?
Once I have filed I485 based on my EB3 I140, and if the application remains pending for next 6 months, is it still possible to port the PD (Nov'04) to the new EB2 based petition?
more...
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JunRN
11-05 05:03 PM
That's nothing....2 LUDs within two or three days (apart from FP) can be something.
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Aah_GC
07-19 10:50 PM
I found Sophy Thomas to be an excellent client advocate...
Sophy Thomas, Immigration Attorney: A collection of Immigration Resources that cover Immigrationm law and immigration processes assembled by an immigration lawyer / Attorney (http://www.immigrationattorneys.com/)
She is very good..
Sophy Thomas, Immigration Attorney: A collection of Immigration Resources that cover Immigrationm law and immigration processes assembled by an immigration lawyer / Attorney (http://www.immigrationattorneys.com/)
She is very good..
more...
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AD2010
12-24 02:14 AM
Hi,
My H1B was approved with a start date of 12th Dec 2010. However, the paperwork for the position has not been completed as yet by the HR of my employer and now they tell me that the start date of my position will be around the middle of Jan 2011.
This means that I will not get paid till the actual start of my position. So what is my legal status right now.
I have been told that on a H1B visa, If I am not working and getting paid for the position I was approved for, I am illegal.
Please advise me as I still have time to convey the issues to get the paperwork done right. What happens if my H1B start date is the 12th of Jan and my job paperwork shows position and pay from the 15th of Jan?
My H1B was approved with a start date of 12th Dec 2010. However, the paperwork for the position has not been completed as yet by the HR of my employer and now they tell me that the start date of my position will be around the middle of Jan 2011.
This means that I will not get paid till the actual start of my position. So what is my legal status right now.
I have been told that on a H1B visa, If I am not working and getting paid for the position I was approved for, I am illegal.
Please advise me as I still have time to convey the issues to get the paperwork done right. What happens if my H1B start date is the 12th of Jan and my job paperwork shows position and pay from the 15th of Jan?
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lost_in_the_gcprocess
05-06 11:56 AM
My freind found the PERM approval document.
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ravish02
04-12 03:40 PM
Hello,
I am on H1B , This is my 5 th year in US on H1B . My Initial Visa Stamping got expired . I changed from company A ( visa stamped ) to Company B, Currently I am H1B Extension ( I797 ) with out Visa . My wife and kids are with me on H4 (same as my case , old Visa expired now on extension of H4). They want to travel to India this summer . They need a Re entry Visa .
My Questions
Since I am(primary applicant) not going, Can they ( H4)go for stamping with my I797 extension papers with primary applicants (H1) Expired Visa ?
Appreciate your suggestions .
Ravi.
I am on H1B , This is my 5 th year in US on H1B . My Initial Visa Stamping got expired . I changed from company A ( visa stamped ) to Company B, Currently I am H1B Extension ( I797 ) with out Visa . My wife and kids are with me on H4 (same as my case , old Visa expired now on extension of H4). They want to travel to India this summer . They need a Re entry Visa .
My Questions
Since I am(primary applicant) not going, Can they ( H4)go for stamping with my I797 extension papers with primary applicants (H1) Expired Visa ?
Appreciate your suggestions .
Ravi.
bongugadu
10-29 04:50 PM
Hello All,
I have my H1B immigration interview in New delhi on NOV 4th. I am not sure if this is a problem or not. In 2009 (Nov - Jan) I worked for a small company for designing websites. That employer doesnt have any of my details except my name . But, he said I am on his payroll and issued me few company cheques( I am on OPT at that time). At Feb I need to apply for my OPT extension, that small company dint give me their e verified number so I quit that job and joined a consultancy and applied for OPT extension. I got a new job in March. Now consultancy people filed for my H1 and it got approved. Now I am flying to India and need to get my H1 stamped. Would there be any problem about my last job where they dont have any of my details except my name?
Thanks,
------
I have my H1B immigration interview in New delhi on NOV 4th. I am not sure if this is a problem or not. In 2009 (Nov - Jan) I worked for a small company for designing websites. That employer doesnt have any of my details except my name . But, he said I am on his payroll and issued me few company cheques( I am on OPT at that time). At Feb I need to apply for my OPT extension, that small company dint give me their e verified number so I quit that job and joined a consultancy and applied for OPT extension. I got a new job in March. Now consultancy people filed for my H1 and it got approved. Now I am flying to India and need to get my H1 stamped. Would there be any problem about my last job where they dont have any of my details except my name?
Thanks,
------
sukhpreet19
07-06 04:55 PM
Hi All,
My employer filed for my H-1B in premium processing, but it got denied because lawyer submitted wrong EIN number.
My questions are:
Will they re-consider my case if lawyer submits the correct EIN number?
How much time will it take to process, if the willing to re-consider the case?
Thanks,
SN
My employer filed for my H-1B in premium processing, but it got denied because lawyer submitted wrong EIN number.
My questions are:
Will they re-consider my case if lawyer submits the correct EIN number?
How much time will it take to process, if the willing to re-consider the case?
Thanks,
SN
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