Handbook for Employers (M-274) - Instructions for completing the Form I-9
This Handbook for employers gives instructions for completing Form I-9 . It also includes one copy of Form I-9.
This Handbook for employers gives instructions for completing Form I-9 . It also includes one copy of Form I-9.
DO's |
Don'ts |
Use program to verify employment eligibility of new hires | Use program to verify current employees |
Use program for all new hires regardless of national origin or citizenship status |
BEFORE YOUR COMPANY ENROLLS IN E-VERIFY
CIS Ombudsman released a recommendation on "Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings."
Please check attachment for detailed information.
U.S. Customs and Border Protection is opening a new NEXUS Enrollment Center in Calais, Maine. Effective Tuesday October 27, the hours of operation will be 8 a.m. – 4 p.m. Tuesdays, Wednesdays and Thursdays.
We were recently retained by an employer who had received very poor legal advice and representation from two different lawyers because of which their employee and her children fell out of H-1 status AND were unlawfully present in USA since 2004. It appeared almost impossible that we will be able to get her back into status after a gap of over FIVE years, but it did work out. Today, we have received H-1 approval as well as the coveted I-94 for all family members.
I have a sister to sister petition on Jan.14,1998 under 245(i). Me,My husband and,our daughter already here in united states.We've been working now for 13yrs never stop. We bought a house and a car under our name,we file and pay taxes,we have a drivers license under our name.My question is what kind of financial support that my sister is gonna show,if we make more than she makes,is it not gonna be a problem? What is the time frame means? When the last time i checked my EAC at the uscis is sept.01,2001.pls.help
The waiting is determined by your country of birth and the category of immigration. The visa bulletin tells you when your date will be current. You can then apply for your last step of immigration. As to the issue of support, it should not matter if you make more than she does. Also read the instructions on Form I-864.
If during the one year overseas employment period, the overseas company sends me to US on a B-1/B-2 visa for brief tenures several times in the year, does that period of stay in US on B1/B2 visa, how so ever short it may be, also count towards calculating the overseas employment tenure of at least one year in preceding three years prior to filing L-1A petition.
Your time in USA must be compensated with extra time outside USA. If the time in USA is just a few days in a year, you should be fine with that formula. But, if the time in USA is too much (several months), things get much more complicated.
Q1. Suppose, if the husband is on H-1B and spouse is on H4. Husband has filed I-485, spouse name was not included. Now if husband switches to AOS Pending...what will be H4 status? Unlawful presence?
Q2. When she is out of status because he is no more on h1.. can she file for COS to F1?
A1. As I see it, the wife will be out of status right away and unlawfully present if USCIS revokes her H-4 or her I-94 expires.
I have a small query that F-1 student are allowed to work on-campus(20 hr) and for off-campus they need work permit but if they solve quetsions over internet and get paid by someone outside US then is it legal? or does it require any permit? In other words if some student (F1) provide support to some company outside USA (over internet) and get paid is it legal?
I do not believe there is any law that specifically addresses this issue, but I believe all work done on US soil is likely to be considered illegal.
I currently have both an B1/B2 and F1 visa. I got into a graduate program at a university in Teaneck, New Jersey. What are the possibilities of getting a job off campus and would i be able to get a social security card..? What are the issues i have to deal with in such cases?
You need to discuss your options with your International Students Office. Ask them also about curricular practical training, where you are allowed to work for credits.
Can I renew a permanent greencard that has been expired? How much do I have to pay?
If your green card has expired (but not abandoned), you will need to file Form I-90. Read the instructions on the form.
Cut off date of approved petition for my sister and family is 17 May 1999. My sister who is Indian citizen, is at present in Botswana. My nice who is 18 yrs. and approved in petition is aready in US on valid student visa. Can she apply for change of staus indepentally when visa number is available or it has to be together with family . Can she apply before her parents apply or it has to be simultaneous?
I have not looked into this issue specifically but my instinct is that AOS within USA may be problematic for her before your sister gets her green card. As a practical matter, she will only need to make a brief - perhaps a week long trip once to get her green card with the family.
If my company applies EB1 this month (Aug, 09), and everything goes well, by when should I expect my green card? What are the disadvantages of applying under EB1?
Too many variables. IF the priority dates remain current AND IF USCIS follows its average processing times and IF you file I-140 premium processing concurrently with your I-485, you MAY get green card approval within one year. I see no disadvantage.
I got a 2 year visa for my Masters and my Visa was expired on May 31st 2009, I converted to OPT from June 1st, 2009. I am on OPT and I do have a job now. I got an emergency now to go to India. Is it possible for me to reenter United States.
You will need to get the visa stamping done again.
If I stay outside the US for 365 days and return back on the same L1/H1B,will it reset the 5/6 year limit for the visa? Let’s say i max-out on L1B in Aug 2009 and have a valid H1B petition from Jan 2010-Dec 2010. If I go out of the US in Aug'09 and return in Sep 2010,when I re-enter and apply for H1B extension, will I get 6 more years on the same H1?(since technically,at that point,i would have already stayed outside US for 365 days and my H1B clock would start over fresh). If No,should I apply for a NEW H1B?If yes,will this new H1 be subject to the 65k cap?
Once you have been outside USA for one year, there are two options. One, be subject to the quota and get 6 years of H-1. Two, if there was any H-1 period left, take the remainder and not be subject to the quota.
Below is a list of upcoming naturalization information sessions for legal permanent residents and interested naturalization applicants. Topics covered at these FREE sessions will include:
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
I came back from states in 2003. I had mulitiple b1/b2 visa that was expired in 2006. Now, if I apply again so what are the chances? Can I get multiple visa again?
I see no reason why not.
I have been working as part of a research group in a bank over the last 4 years. I am a ranked research analyst on wall street and My work has been quoted in popular media, our research has been uploaded to government organisation webpages and have been referenced by government officials. I have also published 50+ articles over the last 2 yrs. The catch is that I may be moving from a research role to a trading role (my primary function will not be research). What do you think my changes are for EB-1 (b) and would this change totally eliminate me from applying?
There are two ways to approach this: Extraordinary ability alien (where the position need not be connected with research) and Outstanding Researcher, if you intend to go back to research upon approval of your green card.
My wife has a Post Professsional degree in OT from a reputed school. However, we are not sure if she qualifies for EB2 processing similar to Physical Therapists. I think she has to file like any other profession and doesnot get special consideration that PTs get. Can you please clarify?
OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.
My wife needs to transit through a US airport for not more than 5 hours in February 2010 in order to go back to her birth country. However, she filled out by mistake a DS-160 Non-immigrant visa to submit to the US consulate in Vancouver (Canada) because at the US consulate in Vancouver they require DS-160 Forms to be submitted to them. However, she decided to fill out a second form called DS-156 in order to apply to another US consulate in Canada (in Calgary) for the same US transit visa to get an earlier appointment there. What does she has to do now to correct this situation ?
Contact the consulate. If they have not already done so, they will correct the situation upon request.
I was stopped by a police once and received a traffic ticket.I paid the ticket in time but I was not aware that my license was suspended,since the suspension notice was sent to my old address which was never frwded back to me.I was stopped again few months later by police officer and he told me my license was suspended.I appeared in the court.I pleaded guilty,since I was driving w/out insurance.They dropped the "driving without a valid license" charge and fined me $100 for driving without insurance.BMV then suspended my license for 2nd time for 1 yr.Is this a problem filing N-40?
USCIS can question anything that has bearing upon good moral character.
I have applied for EOS H1B at the end of june but my case still shows as pending processing on USCIS website. However, it looks like several cases filed in July have already been approved. What can I do about this?
Contact customer service of USCIS or convert your case to premium.
I am working in Company A with L1 status. I filed for an H1 (FY-2010) with Company B and got it approved. Now Company A as of date wants to file for my H1 (FY-2010).
My questions are:
a) Can the already approved H1 get cancelled because of A's application?
b) Can I loose both H1's (A and B both cancelled)
c) Is there any way to retain at least one (A or B)?
You do not "lose" an existing H-1 by filing of a new one.