Wednesday, June 15, 2011

will smith and family 2010

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  • Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.

    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.

    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card ( If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.

    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.

    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.

    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.

    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link ( regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.

    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (

    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

    More... (

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  • sendmailtojk
    03-31 11:44 PM
    At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.


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  • kawosa
    08-19 12:43 PM
    Just to state some examples: Several of members probably took CFA level II and III exams in June 2008 and the results were out today. These things further increase cohesion among the people as they share more ground than simply being an immigrant.

    good to find a fellow CFA candidate/member here... are you done with the exams?

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  • redcard
    12-19 12:10 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    Thanks in Advance

    My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..


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  • jayleno
    11-19 05:18 PM
    I think its scary for people who filed their applications at NSC. Ofcourse like someone said scary for people with attorneys who are not members of AILA. :D

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.

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  • devikas81
    02-26 11:22 AM
    In which state you are practicing as a PT??


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  • hbk
    04-22 03:33 PM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless

    Thanks a lot for the response.

    Fortunately my extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Processing Center : VSC
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approval Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.


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  • ChainReaction
    04-02 04:09 PM
    If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.

    Thanks a_yaja for UR reply :)


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  • username007
    06-27 11:21 AM
    My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.

    My wife got an OPT card last month and we used A# from that card for her dependent I-485 application

    Is this information true?

    My 140 is pending and I don't have the A#. Can I use that from my OPT card?

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  • Kodi
    07-17 10:33 AM
    My EAD receipt date is April 18 and they're processing April 28, yet I haven't received anything. Not even FP notice.


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  • rampabbaraju
    02-09 07:47 PM
    When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.

    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.

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  • shana04
    01-31 01:21 AM

    Need help and suggestion.

    To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

    I leave in a single bed room ground floor 785 Sq ft.

    I have called the customer service for dispute and investigation.:mad::mad::mad:

    Has any one encountered this kind of problems with electricity department. please enlighten !!!



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  • sweet_jungle
    10-09 03:54 AM
    So does CA....

    situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
    For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
    There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
    CA is quite cool with respect to DL renewals.

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  • paskal
    11-09 03:43 PM
    What main theme do you expect for probable resume?

    if you have a resume, we'll just ask you to send it along
    as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
    we are not really interested in your GPA (superlative as i'm sure that is!) :D


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  • geesee
    07-13 09:38 AM
    These should be called "Payed Services". What do you think ?

    I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)

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  • spicy_guy
    07-30 02:27 PM
    Can someone translate (if you have patience)?


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  • acecupid
    02-25 12:57 PM
    LoL. No wonder she got caught. She is not only a thief, she is also stupid.

    Whenever people post for their friend mostly likely its their own story. Good observation indeed.

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  • asterix
    02-23 10:00 AM
    a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.

    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?

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  • uma001
    09-08 04:44 PM

    We can say lot of ways how we can proceed but companies are not in a position to listen to us. They are not desi consulting companies, they are american companies. Who will apply to the positions that appear on job posting sites or magazines? whoever qualify to those requirments on positions will apply to those positions. So there is no question of whether they qualify or not. If position is for 5 years exp, ofcourse most of the resumes will have min 5 yrs of exp. Doesnt matter whether you have masters or not.

    07-17 01:53 PM
    wow..indeed a long and arduous GC Journey. Congrats!

    10-15 01:46 PM
    No you can't

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