Immigration.com

Expected I-140 denial

15 years ago By Chief Editor
Question details

Thanks in advance for your help. My current situation is this :
1. Applied for I140 and received RFE
2. RFE requires Employer's 2007 tax document and my recent W2
3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008.
4. This is my 6th year in H1 B and it expires in October,2009

My questions are:

1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor?
2. If Labor is approved, can I file my I140 premium and apply for 7th year extension?
3. How long will it take to cancel the current I140?

Please help me out regarding this situation.

Thanks and awaiting for your valuable suggestions.

 You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.

Family-Based Green Card

15 years ago By Anonymous (not verified) 48 comments

One of the most-used methods of getting a Green Card is through a member of the family.  The two sets of eligible relationships are as follows:

  • Relatives of U.S. Green Card Holders
  • Relatives of U.S. Citizens

Eligibility

In order to sponsor a family member to immigrate to the United States, the sponsor must meet the following criteria:

Green Card

N Visa Overview

15 years ago By admin

NATO Visa Overview

Under the North Atlantic Treaty Organization (NATO), certain representatives and staff from member countries can enter the U.S. with temporary visas.  Under the treaty, these visa holders are not subject to normal immigration inspections and documentary requirements.  Instead, consular officials decide whether they are admitted.  Admission is for as long as the Secretary of State recognizes their status. Employment authorization is obtained through the State Department.

Nonimmigrant Visas

Leave US for job outside USA

15 years ago By admin
Question details

If you leave USA for job outside USA before using 6 years of H visa and work for 1 year, does the H1B clock reset for another 6 years and what happens to unused period of H visa?

After one year abroad, you have 6 more years. The unused portion is ignored.

K Visa Overview

15 years ago By admin 10 comments

Introduction - K-1/K-2 Status

The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage.

The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States.  It should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.

In order to be eligible for K-1 status, a foreign national must provide proof that:

Nonimmigrant Visas

L-1/H-1 COS Issues

15 years ago By Chief Editor
Question details

I have a friend who is having L1 visa came USA two years before on L1 working in Company A. After coming USA he applied for H1 and got approved in 2008 October thru Company B. His status from L1 to H1 is also changed in Oct 2008. The candidate is still working in the company A (with L1 Visa).
1) How long he can work in Company B(with L1 visa)? (due to market down he is not getting job and may take time to get job on H1 Visa, to come out of the company A (L1)
What is the time limit to shift to H1 company from L1 company after change of status to H1 from L1.
2) Is there any impact in future (in H1 extensions or in Green Card process) if he continues to work in the same company A (with L1 Visa, even though his change of status is changed to H1 with new I-94 number)?

I think I have mentioned this in my blog earlier. Once the COS is approved and kicks in (October 1, 2008), he is NOT on L-1 hence the work on L-1 is illegal. This can have an impact on several things.

To correct matters, he must immediately reenter USA with an L-1 visa or apply for COS back to L-1.

Employer not paying, may I tranfer H-1?

15 years ago By Chief Editor
Question details

At the very outset I would like to appreciate your for the credible service you are doing by explaining the law in a very lucid manner to a common man. I have an issue where I need your help. I am on H1 B since Oct 1st 2008 and working with my employer at his site. Though he is paying me in cash and kind he is not running a payroll for me since the inception. Now if I want to move or transfer my H1 to a different company can I do that with out the paystubs. If so that is great news for me, if not what are the options I have.

Appreciate your help in this matter.

It is illegal for an employer to pay you in cash (or kind) and not deduct payroll taxes.

You can transfer. Ask CIS to "forgive" being out of status because this is not your fault. If you want to make your case stronger, file a complaint against the employer for non-payment of wages. Use this form:
http://www.dol.gov/whd/forms/wh-4.pdf

You can also contact the local WHD of DOL where you are:
http://www.dol.gov/whd/

EB-3 Bachelor's Degree, Skilled, Unskilled Workers

15 years ago By admin

EB-3 Overview

EB-3 Classification is appropriate for:

    Professionals with a baccalaureate degree (or foreign equivalent degree but not necessarily any experience);

    Skilled Workers with at minimum two years of experience (there is no degree requirement); and

    Unskilled Workers who have less than two years of training or experience.

Green Card

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