DI&JR

Okay, so the transfer email states "...and sent you a notice explaining this action. Please follow the instructions provided on the notice." How long does it take to get this notice, and/or what are the instructions?

TIA!

From the Social Security Adminstration page Employer Responsibilities When Hiring Foreign Workers

To help ensure that only those who should receive a number do so, Social Security has taken extra steps to ensure the integrity of Social Security numbers. The changes to the way Social Security assigns numbers and issues cards may cause a delay of several weeks or months in receiving a number. This fact sheet addresses employer responsibilities when hiring foreign workers (e.g., students or cultural exchange visitors) who have applied for and are waiting to receive a Social Security number and card. Note that the employee may work while the Social Security number application is being processed.

1. What causes delays when foreign workers apply for Social Security numbers?

When foreign workers apply for Social Security numbers, Social Security verifies their documents directly with the Department of Homeland Security (DHS). Most applications are verified immediately, but there can be delays. Social Security understands that this process may affect companies who hire foreign workers, but direct verification from DHS is vital to ensuring the integrity of the Social Security number.

2. What are an employer's responsibilities when hiring foreign workers who don't have Social Security numbers?

Advise workers that they are required to apply for a Social Security number and card. If a worker applied for but has not yet received a Social Security number, you should get the following information as complete as possible: The worker's full name, address, date of birth, place of birth, father's full name, mother's full maiden name, gender and the date he or she applied for a Social Security number.

3. What if the worker doesn't have a Social Security number when wage reports (Forms W-2) are due to Social Security?

Paper Filers: If the worker applied for a card but didn't receive the number in time for filing, enter "Applied For" in Box a. (Reference: IRS Instructions for Forms W-2/W-3, www.irs.gov/instructions/iw2w3/index.html)

Electronic Filers: If the worker applied for a card but didn't receive the number in time for filing, enter all zeros in the field for the Social Security number. (Reference: Specifications for Filing Forms W-2 Electronically)

Remember to instruct the worker to tell you the number and the exact name printed on the card, when he or she receives it.

4. My foreign worker received his or her Social Security number after I filed my wage report. What do I do?

When you receive the worker's Social Security number, file Form W-2c (Corrected Wage and Tax Statement), to show the worker's number. Go to www.ssa.gov/employer/how.htm#how for instructions on filing W-2c’s.

Reference: 26 CFR 31.6011

It is not so much "you have to stop working once the work permit expires", it is more that employers have to certify

that you are authorized for employment, otherwise they may be subject to civil monetary penalties.

From the M-274, Handbook for Employers:

"Q. What do I do when an employee’s work

authorization noted in either Section 1 or 2 of the

Form I-9 expires?

A. You will need to reverify on the Form I-9 to

continue to employ the person. Reverification must

occur no later than the date that work authorization

expires. The employee must present a document from

either List A or List C that shows either an extension

of his or her initial employment authorization or new

work authorization. You must review this document

and, if it reasonably appears on its face to be genuine

and to relate to the person presenting it, record the

document title, number, and expiration date (if any),

in the Updating and Reverification Section (Section

3), and sign in the appropriate space...

NOTE: If an employee’s EAD expires before the

employee receives a new EAD, the employee may

take the application receipt to a local USCIS office to

receive temporary employment authorization IF it

has been more than 90 days since the employee

applied for the new EAD."

List A and List C, "LISTS OF ACCEPTABLE DOCUMENTS", are on the last page.

Okay well, we just got the "transfer to CSC email", so I guess it is still possible that there will be an interview, but...

Hey! for those of you who went through AOS with no Interview..

I am trying to figure out on what basis they approve with no interview.

did you/are you:

A. have some sort of visa? work visa etc

B. length of time married?

C.Maybe high income?

D. what country?

Hm, also, the USC is female. Plus, we old

We just got the transfer email too!

New York is an employment-at-will state, so an employer doesn't have to give a reason for termination...............

Again, please excuse my ignorance of the U.S. employment laws, but what exactly do you mean by "employment-at-will?" Are you saying that employers in New York can simply turn around one day and say to any random employee: "you're fired???" And give no reason??? Is there not an HR procedure to adhere to (i.e. verbal warning, written warning, and final written warning before termination)? Any unfair dismissal laws employees can utilise through the courts? ANYTHING??????

Well, the short answer is the employment-at-will means that neither the employer nor the employee have to give a reason for termination of their work relationship, as long as it is consistent with the law.

PS, IANAL! Though I do handle some HR issues and the question has come up. I can't speak for New York employers, and especially, I think, it depends on the type of company, but the university where I work does have policies and procedures to follow for terminations. A smal, family-run shop probably does not, but I bet Macy's or Bloomingdale's does...

Something else I thought of, we have provisional periods of employment, 3 and 6 months, depending on the grade; if an employee does not successfully complete this period, they can be terminated - though that too, requires documentation of performance during the provisional period.

Hang on, I'm confused here: I thought we (as new immigrants) weren't allowed to claim unemployment, or any other benefits for that matter. Isn't that why we have to be sponsored? So we don't become a "public charge?"

in most if not all states, unemployment is a employer funded benefit and not a government sponsored "means tested" benefit.

OK, that answers one question, but poses another: what exactly do you mean by "employer funded?" This guy's just been fired, right? So he has no employer now, right? So who funds his unemployment? The employer that just fired him!!??

Employers in New York state pay into the state unemployment insurance fund. He would not be paid unemployment directly from his former employer.

For the OP, it doesn't sound, to me, that he has worked long enough to be eligible if he has only worked 3 months - as Karin und Otto said above.

I'm a little more concerned about this paragraph: "He was forced to sign a form stating inaccurate and subjective reasons for his being fired, under the threat of not receiving his final paycheck. The reasons include a very vague (and contrived) explanation of him not being "fit" for the job."

New York is an employment-at-will state, so an employer doesn't have to give a reason for termination, but - I don't think they can threaten to withhold final pay. Not sure if this is something the state Department of Labor would handle, or the US DoL.

Here is general contact information for New York state:

http://www.labor.state.ny.us/agencyinfo/aicontactus.shtm

and here is the US Department of Labor:

http://www.dol.gov/dol/contact/index.htm

If you think he was being discriminated against as an immigrant, here is a link to the Department of Justice Office of Special Counsel:

http://www.usdoj.gov/crt/osc/

I hope this helps.

If there is no switch (my husband's computer was custom-built and didn't have one), get a new power supply, they are not too expensive. Just make sure to get the same wattage, info will be printed on the unit. They are relatively easy to install, though you can probably find someone who will charge you to do it!

I have just one question and comment, are these unsolicited letters offering employment? There are quite a few employment scams targeting immigrants that originate or claim to originate from Canadian companies. In particular, emails claiming to be from hotels or cruise companies. Any company that wants you to send money for placement should be regarded as suspicious. If something sounds too good to be true, it usually is...

On the other hand, if they are responses from companies that he has contacted, in his field, that is another story!

I didn't get any NOA1s on my AOS and EAD too. I was worried about it for awhile but since I got both my EAD and green card now complaining about it seems to be moot already . Anyway, I read before that you can either request for the copy of NOA1 or just print the one online.

Thanks, we kind of figured that since it was the first NOA, that it wasn't critical, and when the case number was shown on the biometrics letter, I was able to see that the I-485 was in process.

the "K-1 can work without EAD" theory is all conjecture until we get some people to actually gets a credible employer to give them a frickin job.... or until the USCIS provides additional guidance to clarify.

Oh, one more thing, on the "How Do I Get A Work Permit (Employment Authorization Document - EAD)?" page on USCIS' site, under "Who is Eligible?", you will find

" * The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States."

Just a comment, please look at the I-9 Employment Eligibility Verification form. This is completed by the employee and retained by the employer, who certifies that the documents presented are valid.

The top part, Section 1, is completed and signed by the employee. On the left, it states "I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.", and on the right, the employee "attest(s), under penalty of perjury, that I am (check one of the following): A citizen or national of the United States; A lawful permanent resident (space to provide Alien #); An alien authorized to work until (space for date that employment authorization ends)"

So, if an employee states they are a citizen or national, they need to provide adequate proof; if they are an LPR, then they need to show their card; if they are an alien authorized to work, they need to provide a document showing their work authorization, be it EAD (card or stamp in passport), LPR card, DS-2019, or I-20.

Hi everyone, we have received NOAs for the Employment Authorization card and Advance Parole, but not one for the Adjustment of Status. However, we did get the biometrics appointment letter, and that has the case number for AOS, which does show online (and the case shows that an NOA was mailed).

Will we need the NOA for AOS, or is it not important?

TIA!

Post offce will not accept EAD, has to be GC.

Better spend your time looking for another position, they do not need to give a reason not to hire you.

The Post Office would be a federal job, and thus only open to US Citizens. Even green card holders can't work in a federal position.

If you read post #19 carefully you will see that yoy can work for a Post Office or FBI also Tennessee something

From the US Postal Service:

Employment Requirements

Citizenship

Employees must be a United States citizen, a lawful permanent resident alien (i.e., possession of a “green card”), a citizen of American Samoa or any other territory owing permanent allegiance to the United States. Individuals solely granted asylum status, refugee status or conditional permanent resident status are not eligible for Postal Service employment.

Frpm the FBI Careers page:

"I am a citizen of another country. May I apply?

No. All FBI employees must be United States citizens. If you are a U.S. citizen and hold dual citizenship with another country, the FBI Security Division will have to review your file to make a determination if you are eligible for employment with the FBI."

Finally sent today...

Any information, advice or feedback is appreciated:

1. Can someone tell me where I can find an official USCIS website that addresses the work authorization issue?

2. If someone on a K1 has the work authorization stamp and is hired by a company, follows all procedures, gets married well within the 90 day time period and submits AOS papers and EAD application, can an employer continue to employ the person while the petition is pending or does the employee need to quit? If the employer continues to employ and pay the person, is there any possible reprecussion for the immigrant or the employer?

I am having a hard time finding SPECIFIC, LEGAL info about this and have only seen people saying that the immigrant needs to stop working. Am I to believe that everyone who gets the work authorization works for a few months and then quits their job for 3-9 months before working again?

Thanks. Hope timelines are moving along for all those waiting!

Here is a link to the M-274 Handbook for Employers. In particular, see page 26, #33: "Q. What do I do when an employee’s work authorization noted in either Section 1 or 2 of the Form I-9 expires?"

Also, for the sake of reference, page 24, #23: "Q. When can employees present receipts for documents in lieu of actual documents establishing employment eligibility?"

I don't know exactly when the service centers other than Vermont and California stopped processing K-1 applications.

last year

If you start over-analyzing it you're going to make yourself

Use the energy you have to contact your reps and let your voice be heard.

? Why should I contact my reps?? Or were you trying to respond to someone else? <shrug>

The timelines are only for those who have created a timeline here.

The immigration statistics for K-1/K-3 visas for last year aren't yet listed in the Yearbook of Immigration Statistics

but for 2006, there were 30,021 K-1 admissions (those who were issued I-94s) and 14,739 K-3 admissions. Since they are only the approved visa holders who actually entered the US, that would to be about 15/hour, based on an 7.5-hour day, for about 244 work days in a year (1950 hours/year). I don't know exactly when the service centers other than Vermont and California stopped processing K-1 applications.

Also, keep in mind that every visa application is not the same. If we were all, say, 28 years old, never married, well-paid, child-less US citizens sending mistake-free petitions for fiance/es from low fraud countries, then one could suggest that each application would take the same short amount of time!

Sooo, my company has sponsored our first H1B and we got the approval for our new employee today! YAY! ...so now he has to go to the actual embassy to get the visa actually processed in his passport. I'm struggling to find information on this, i.e. whether he has to book an appointment and if so, how he does this or whether he just shows up with his approval notice and then they will process his visa. If anyone has experience with the embassy in Tokyo, I would be grateful for any advice!

Not quite family-based immigration, but there is such a wealth of knowledge on this site that I thought it was worth throwing it out there!

Your employee needs to complete a visa application and schedule an appointment with the embassy this page will be useful:

http://tokyo.usembassy.gov/e/visa/tvisa-niv-walkin1.html

Note the "All Applicants"section, and ALSO the "Temporary Work Visa (H,L)..." sections. The steps are pretty much self-explanatory, but he can call or email the embassy if necessary (I believe there is a fee for this, though).

Hi Everyone

I was wondering if anyone knows of a site similar to visajourney that has information regarding employment visas and employment based immigration?

This site is such a great resource I was hoping there was a 'sister' site.

Your employer has to send the petition for an employment visa, you can't petition yourself.

You do not need an International license, you must get a PA license within 1 year. You can drive on your foreign license in PA for 1 year. However my recommendation is to get things swapped over to american as soon as you can, you need to start building and american life!

I had to take the written and driving test but I am from the UK, I really don't know about NZ. Call in at your local DMV I am sure they will tell you.

Thanks mate.

I will find out where the nearest DMV is.I lived in London for eight years and swapped my NZ DL for a UK one and then back again.

Its good to know that I can use my NZ license for a year.Im guessing ill have to sit a written and practical again.

I feel like im 15 again.

Here is the link to the PA Department of Motor Vehicles page:

http://www.dmv.state.pa.us/

->The drivers' manual states (for future reference):

http://www.dmv.state.pa.us/pdotforms/pa_dr...l/chapter_1.pdf

"WHO NEEDS A PENNSYLVANIA DRIVERʼS LICENSE?

• Foreign License Holders: Pennsylvania honors a valid foreign driverʼs license with an international driving

permit for a period of up to one (1) year. If the foreign license and/or international driving permit expire before

one (1) year, the individual must apply for a Pennsylvania learnerʼs permit to continue to drive in this state. All

holders of foreign licenses must apply for a Pennsylvania learnerʼs permit if they wish to obtain a Pennsylvania

driverʼs license. Reciprocity agreements exist with the countries of France and Germany allowing for the transfer

of a valid non-commercial driverʼs license without road or knowledge testing; a visual screening test will be

administered. (Transfer of a driverʼs license from France or Germany cannot be completed the same day.)"

(Hmm, good to know about the German reciprocity agreement! I hadn't looked at this before)

->The required documents for proof of residency(K-1):

http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf

Passport,

I-94,

Visa,

Social Security Card, or letter from SSA indicating that SSA did not

make a decision yet, or SSA rejection letter

Marriage Certificate showing proof of marriage to U.S.

Citizen,

Proof of Citizenship of spouse, and

2 proofs of residency (for spouse, I believe: http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195us.pdf )

-> and the link for locations of License Centers:

https://www.dot33.state.pa.us/locator/locat...080718144615653

I hope this helps!

I am a U.S. citizen engaged to an Australian woman who is living in the U.S. on an F1 student visa. Our plan is to get married in August and then file an adjustment of status to permanent resident for her.

My understanding is that she cannot leave the country until her status is adjusted (or advanced parole is granted). We have not started any paperwork yet for her AOS or AP.

However, a family issue has come up and she really needs to visit her parents overseas next week. The sooner she can leave the better. Is there any way she can go without compromising her application? What is the risk that she wouldn't be able to re-enter the country?

Thank you for any advice.

But, she is currently here on an F1? Probably the best thing is for her to talk to the international office at her school - if they can't advise, they will certainly have access to lawyers.

They can advise until the cows come home but they don't deal with family visas at her school.

An F1 visa is not a family visa. She is already in the US currently. That is why I suggested she talk to her international adviser at her school. Although it is not completely apparent from the original post, it sounds to me like she didn't enter the US in F1 status to marry, but to go to school.

If she leaves now and plans remain the same, she will be entering with intent to use a student visa to marry and adjust status based on that marriage. As such, the AOS route will not be applicable, IMO. They'll need to go the immigrant visa route to remain legal. Of course she can stay within the terms of her I-94 and perhaps only return briefly to Australia for a visa interview. Perhaps, the difference is only a minor inconvenience. Exept for the travel expense, it's actually less expensive to do it that way. An immigrant visa fee is less expensive than AOS.

This is where I am not sure. My assumption is that she will be continuing her studies (Original poster? Is this so?). Does that, therefore, supercede returning to the US where there is a wedding in the future?

On the other hand, if she has finished her studies and wishes merely to return to wed and adjust status, then they should be planning on a family-based visa.

Unfortunately, it's too late for me to inquire at our international studies office today; the immigration lawyers with whom we work handle school-, employment- and family-based immigration; that is why I suggested she talk to her international studies office.

I am a U.S. citizen engaged to an Australian woman who is living in the U.S. on an F1 student visa. Our plan is to get married in August and then file an adjustment of status to permanent resident for her.

My understanding is that she cannot leave the country until her status is adjusted (or advanced parole is granted). We have not started any paperwork yet for her AOS or AP.

However, a family issue has come up and she really needs to visit her parents overseas next week. The sooner she can leave the better. Is there any way she can go without compromising her application? What is the risk that she wouldn't be able to re-enter the country?

Thank you for any advice.

But, she is currently here on an F1? Probably the best thing is for her to talk to the international office at her school - if they can't advise, they will certainly have access to lawyers.

Her K1 visa allows her to work without EAD. She doesn't need to get a work permit until her K1 visa expires but by then she should have her EAD or at least AOS filed.

Though technically correct - it doesn't work for most of us in practice because the employers insist on an EAD or greencard. Also most do not receive their EAD before the POE stamp (or I94) expires and are forced to quit (legally) - its really quite useless to get this stamp at POE unless you have jobs lines up, are familiar with US system and do not have a language barrier. For most of us its better to take it easy. Get married, get the greencard - in the meantime learn the language, get used to the city and surrounding areas (get a drivers license) and then start applying for jobs. You can choose what you want to do. The short stamp at POE is pretty useless and arguing with your potential employer about legally being allowed to work on K1 isn't very successful for most either.

Employers do not "insist" on EAD or a permanent resident card, they are required to verify employment eligibility, by the Department of Homeland Security, on an I-9 form. The list of documents that are acceptable to verify employment eligibility are listed on the back (last page) of the I-9 form:

http://www.uscis.gov/files/form/i-9.pdf

More detailed information is available in the "Handbook for Employers":

http://www.uscis.gov/files/nativedocuments/m-274.pdf

Please note that this is not a form that an potential employee can complete in advance; it will be provided by the employer, and only after an offer has been made and accepted; it is not meant to be completed by applicants.

http://travel.state.gov/visa/frvi/bulletin...letin_4231.html

This is the most recent one.

Aha, thanks, both of you. I used to get the Visa Bulletins, but somehow, I stopped receiving them.