We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-63]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2009-0162]
RIN 1601-ZA08
Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs
AGENCY: Office of the Secretary, DHS.
ACTION: Notice.
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On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.
I came to US when I was a minor under the care of my parents with a B1/B2 visa. My parents decided to stay here for 1 year. 5 years have passed. I am 20 years old now. My B1/B2 visa expired in august of this year and I do not want to stay illegal in this country anymore. I am going back to my country. Are there any impediments for me to exit without any problems?
As far as I know, there is no impediment. But I think you will be subject to a ten year bar from reentering USA once you leave.
My boyfriend is here in the US on a student visa. He graduates at the end of the week. He has put in his application for OPT and it is pending. We had plans to travel to Canada to visit his family for the holidays but now are worried that he will not be able to get back into the US since the student visa expires and the OPT has not been issued yet. Do we have any other options?
My I-140 was approved in Oct 2009 under EB1-b category. Now for filing I-485 we I had obtained my birth certificate (for the first time) in 2009. My lawyer is saying that will not do, instead I should obtain a non-availability certificate for my birth and provide three affidavits about my birth date and place from my relatives who are at least 10 years older than me. This sounds bizarre to me, as the birth certificate that was issued to me should be seen as a valid document and perhaps better than a non-availability certificate.
As far as I can think, what your lawyers say makes sense only if your birth was not registered when you were born. If the registration was done recently, I would agree with your lawyers, otherwise not.
On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an approved ESTA may not be allowed to board a U.S.-bound plane.
My first term of H1B is going to expire in August 2010, is it possible that I will get the new visa stamped from Canada before expiration like in June or July?
I think they will not stamp a new visa while the old one is still valid for some number of days (30 or 60, I forget). Email the consulate.
I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business.
1. The new company B is in same County and State(but different cities).
2. I Will be doing similar or same work in a similar position.
3. H1B transfered from Company A to Company B.
1) Can company B use Company A Labor certicate and refile the I-140 again?
2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?
Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.
I want my parents and my niece to visit me here in US. Can I apply for visa for all 3 of them together. My brother and sister in law are currently undergoing separation. Will there be any issues because of that?
I see no reason why they cannot all apply. Separation should not raise a problem as far as I can see. But consulates may want some additional paperwork for a minor to travel with grandparents.
I was working as an IT professional and my H1-B visa expired on 13 december 2008 (I shifted to H4). I have been in this country for 10 years now and there are other factors involved too. Is there some way I can reactivate my H1-B visa status?
Once 6 years on H-1 are over, I know of only two ways to reactivate: go physically outside USA for one year, OR apply for a green card, one year after which you can extend your H-1 (or upon approval of I-140, whichever is earlier).
I came US in f1 visa and i was maintaining my status till I was enlisted in US army through the mavni program and due to enlistment I way authorize by college to terminate my i-20 so that I can go for basic training. But I was discharge from the army(uncharacterized). Is it now possible to regain my f1 status.
You need to get back with your International Students Office and see what they recommend.
Have a pending I-130 with priority date of 26 OCt 2002 In the F2B category, now my cousin wish for me to visit her in MARYLAND, My parents and siblings live in the states and I have been denied B2 Visa befor in 2002 , but I have also travelled to the US before as a child first in 1987 and 1992 with my father. QUESTION is I have 5 Years working experience in a bank, I have travelled to the UK,FRANCE,ITALY AND SPAIN regularly on holidays in the last 3 years. What are my chances of getting a visitors visa? If my chances are not bright, I might as well forget about applying for a visitors visa.
Your chances are slim, but it is impossible to predict.
What if already have a Green Card I lost it, but it wasn't expire yet and I need to redo it how much it going to cost me to renew to get it redo?
You do not need a lawyer for something simple like this usually. I think you should look at Form I-90 at the USCIS web site.
I work for IBM and have my appointment for H1 visa stamping at Toronto , my prior stamp h1b was also from Toronto , I just recd a call from US embassy stating that since I am not getting my visa stamped in my home country and if there is any administrative processing on my case determined by the visa officer i would be required to stay in Canada till the time the visa officer is not satisfied or gets the results of the administrative processing .... I wanted to ask have any other client of yours also got any similar message ?
Yes, we did get this information.
Last november 11, 2009 I went to seattle for vaccation. I detained: 1-one returned ticket for may 3, 2010; 2-one electronic ticket for one mission on geneva from december 1st to 7, 2009; 3- 3books for my online MBA courses; 4- one visa B1 & B2 for 10 years issue on july 2007, 5- a letter for my employer. But when I arrive to airport the immagration office say that I came to work or study, but not for vaccation. They put me in Jail ARROUND 1 MONTH and they revoked me.
I want to know the way to make my complaint and ask to review my case. I am an international worker since 1999.
You will need a consultation with a lawyer. It appears you were formally denied admission and excluded from entering USA. The one-month detention sounds strange. Anyhow, get a lawyer, this is not a simple matter.
I was laid off by Company A on August 14th. I found a job with company B on October 14th. A transfer of H1B was filed by company B, but an RFE was raised asking me to prove that I had maintained my status. Since, I had no way of proving that I had maintained my status, a new H1B was filed by company B. The new H1B was approved. I have my stamping interview in 3 days. What kind of questions should I be prepared to answer? I am concerned that they might not approve my case. Please help!!
Merely being out of status is no ground for visa denial in your circumstances. Tell the truth. You should be ok on the status issue.
My father(us citizen)petitioned for my mother march09,case approved june09,since then nothing,can he file (k3) for her.
From what I recall, K-3 can be approved at the consulate only until they do not receive official notification of the approval from USCIS. I think it may be too late for your mother. She will probably need to wait for her green card now. That is likely to be quicker than a K-3 at this point, anyway.
I've taken about 60 trips outside of the US since I received my green card in 1988 - while I have exit and entry dates for most of them, for some of them I no longer have the exit dates, only the US entry stamps, and it is possible that I don't have all US entry stamps... same goes for dates of various traffic citations over the decades, minor things like parking, speeding, unsafe stopping, seatbelts - how do you suggest I enter this information on the N-400 form?
The burden of proof is placed on you. USCIS can deny an application where proof is insufficient. For entry/exit, I would recommend an affidavit from you giving the best possible approximation. The tickets - go back into your driving record at the DMV and see what you can pull from there.
Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti
On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.
Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.
1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?
You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.
After completion of the case by NYC, interview date of my sister and family has been scheduled at the US
Embassy at Johannesburg . Can you please let me know as to what type of questions are asked during interview.
will they get visa same day, if everything goes well.
The questions in family-based cases tend to be basic and nothing to prepare for. Usually, the immigrant visa package could take a few days, but I am not certain as to the exact time frame. The consulates are good about responding to emails. Write to them.
I applied for GC in February 2005. I was married in October 2007 in India. I got my GC in July 2008 on EB2 category. I never added my wife to GC application after marriage because we had conflicts. She left to India in November 2007. I have got the marriage annulled in USA in December 2007. However did not proceed in Indian court. Now we have reconciled and want to get back together. Since there was no divorce in Indian court can I get a family based GC for her? According to Indian law she is my wife since October 2007. What options do I have to bring her to USA?
As far as I can tell, you are out of luck till you get remarried and naturalized. A legal annullment strikes out the marriage. Whether done here or in India should be irrelevant. But you are so close to natz., this should be no problem.
Thank you much. The information provided was very helpful.