smmri
04-04 06:35 AM
I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.
Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?
Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?
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ajaysri
11-22 01:59 AM
Hi,
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
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gparr
May 20th, 2004, 03:13 PM
I must say it made me spend some time to figure out what it is. Initially I thought it was something square floating in a container of water or a pond. Then I studied it for 30 sec. or so and realized it's a waterfall. Then I found myself really studying it to grasp what you're showing. From the "does it catch your eye and hold you" perspective, it worked for me. From the "this is a beautiful shot that I have to print and hang on a wall, I'd probably vote no. But I am going to go back and look at it a second time because I'm intrigued.
Gary
Gary
more...
Templarian
04-16 03:47 AM
Getting Started (http://create.msdn.com/en-us/home/getting_started)
You will be using XNA Game Studio (installs into Visual Studio), to develop games. All your time other than for graphics will be spent in Visual Studio 2010. Highly recommend you have a device. Testing in the emulator is not the greatest for games.
Note: All you need is the freely available tools (Express Editions). Having the student or paid versions does not really benefit those using the XNA Game Studio, or building applications for WP7. I'm sure that page says that, just didn't want you to get confused.
If you have done any other game programming you will find everything pretty easy, just takes a bit to get use to. It sounds like you are new to C#, but don't worry most tutorials are setup in a way this shouldn't be a problem.
The MSDN Create site has code samples and there are lengthy tutorials online that will help you get started with XNA.
You will be using XNA Game Studio (installs into Visual Studio), to develop games. All your time other than for graphics will be spent in Visual Studio 2010. Highly recommend you have a device. Testing in the emulator is not the greatest for games.
Note: All you need is the freely available tools (Express Editions). Having the student or paid versions does not really benefit those using the XNA Game Studio, or building applications for WP7. I'm sure that page says that, just didn't want you to get confused.
If you have done any other game programming you will find everything pretty easy, just takes a bit to get use to. It sounds like you are new to C#, but don't worry most tutorials are setup in a way this shouldn't be a problem.
The MSDN Create site has code samples and there are lengthy tutorials online that will help you get started with XNA.
SK2007
10-10 04:37 PM
Guys,
I spoke to another Border Post official and he suggested that i drive uptp the nearest border and they would refuse my entry to Canada as i don't have a valid visa and i can turn around and come back to US and i can get a new I-94. Do you think it would be safe to do this ?
Any advices?
If you have travelled to Canada in May even if you have a single entry visa into Canda, you are more likely to be let into canda than refused. On the way back if you ask they might issue you a new I-94, strictly speaking they don't have to unless you have stayed some period (I don't know the exact period) out side the country.
Most parents coming to US on visitor visa and wanting to stay in us for more than 6 months apply for new I-94s(extension), just because attempting to cross the border does not give them a new I-94.
I spoke to another Border Post official and he suggested that i drive uptp the nearest border and they would refuse my entry to Canada as i don't have a valid visa and i can turn around and come back to US and i can get a new I-94. Do you think it would be safe to do this ?
Any advices?
If you have travelled to Canada in May even if you have a single entry visa into Canda, you are more likely to be let into canda than refused. On the way back if you ask they might issue you a new I-94, strictly speaking they don't have to unless you have stayed some period (I don't know the exact period) out side the country.
Most parents coming to US on visitor visa and wanting to stay in us for more than 6 months apply for new I-94s(extension), just because attempting to cross the border does not give them a new I-94.
more...
ABC of GC
04-03 03:29 PM
Done anyone know how much time USCIS gives in such cases to respond with the information.
I called up their customer service and they don't know.
Please help.
Thank you,
I called up their customer service and they don't know.
Please help.
Thank you,
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Overstay
05-16 08:11 AM
USCIS - Change of Address Information (http://www.uscis.gov/addresschange)
Penalties for Failure to Comply
A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA � 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.
Penalties for Failure to Comply
A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA � 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.
more...
kak1978
02-17 05:27 PM
It is a good idea to contact the international student office in your university. But I have seen people using up their OPT without being employed.
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mygcstory
07-20 03:33 PM
Does anyone know if the B1 visa can be extended in US? The visa stamp on the passport is for 6months. when entered US, the officer granted 5.5 months of stay.......
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
more...
EkAurAaya
03-31 02:24 PM
I got a soft lud back in December on my approved 140 on a Sunday (along with several other IV members)... but nothing since then!
if your PD is not current then nothing to get excited about i guess sorry...
if your PD is not current then nothing to get excited about i guess sorry...
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NANO3
05-07 12:05 PM
LOL how would they actually buy it!?! that's sweet, gonna try me on froogle :)
more...
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guy03062
04-07 03:43 PM
Thanks for wonderful work, IV!!
wanna_immigrate,
Your post from yesterday was denigrating a certain set of people. A number of our users also complained about that post.
Please do understand that we do not want to have any post that offend other people. Otherwise the lawmaker's staff and the media folks who visit our forums, will assume that our organization and members stand for such a stance.
So as per our posting guidelines shown at the top, we were forced to delete it.
wanna_immigrate,
Your post from yesterday was denigrating a certain set of people. A number of our users also complained about that post.
Please do understand that we do not want to have any post that offend other people. Otherwise the lawmaker's staff and the media folks who visit our forums, will assume that our organization and members stand for such a stance.
So as per our posting guidelines shown at the top, we were forced to delete it.
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Mahatma
07-25 08:36 AM
Dear friends,
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
more...
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nlalchandani
09-25 01:50 PM
Search for a thread on immigration.com by united nations.. he has a very detailed analysis presented..
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martinvisalaw
06-29 10:38 AM
There are really 2 sub-categories of EB-3. One requires a minimum of a bachelor's degree, or equivalent in education/experience. The other requires just 2 years skilled worker experience.
The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.
The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.
more...
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rb_248
02-07 11:01 AM
Just saw this news on Economics Times (Indian Newspaper).
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
First TOI reported this and Now ET is reporting this......I think we must research this further to make sure this is or is not true.
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
First TOI reported this and Now ET is reporting this......I think we must research this further to make sure this is or is not true.
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Chelo
03-15 09:24 PM
I haven't had "any" FP yet, but I have my EAD and my advanced parole for tavel. I also have my H1B current and stamped in my passport.
Last time I got H1B stamped in the embassy, they took my fingerprits, 10 fingers (I also asked if they want the 10 toes :D)
Can that fingerprinting in the embassy be the reason why they haven't sent any notices for my fingerprinting?
Should I be worried?
Can somebody, please, tell me how do you ask for a service request?
Thanks in advance
Chelo
EB3 ROW
PD sept 2005
19 July AOS filler not concurrent
EAD and AP aproved
Last time I got H1B stamped in the embassy, they took my fingerprits, 10 fingers (I also asked if they want the 10 toes :D)
Can that fingerprinting in the embassy be the reason why they haven't sent any notices for my fingerprinting?
Should I be worried?
Can somebody, please, tell me how do you ask for a service request?
Thanks in advance
Chelo
EB3 ROW
PD sept 2005
19 July AOS filler not concurrent
EAD and AP aproved
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deba
09-26 11:45 AM
The system will release unused/canceled slots regularly. Usually early in the morning. Keep checking every morning and you will get open slots. Once you get an open slot, book the appointment immediately.
vvicky72
12-10 07:53 PM
Does anyone know if we need any special visa for working in Canada if you have a US GC?
vsrinir
09-16 03:15 PM
ANY ONE READ THIS?
After a frustrating year in Congress, tech groups plan merger
ITAA, AeA are in talks to consolidate
http://computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=standards_and_legal_issues&articleId=9114482&taxonomyId=146&intsrc=kc_top
After a frustrating year in Congress, tech groups plan merger
ITAA, AeA are in talks to consolidate
http://computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=standards_and_legal_issues&articleId=9114482&taxonomyId=146&intsrc=kc_top
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