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CQ-FAQ
- pjiang -
- 什么叫 CQ-FAQ？
不是一般的 FAQ，而是 Challenging Questions in FAQ.
- 刚刚交了申请，又想取消。把支票 stop payment，行吗？
行。下面讨论的是 I-485，其它申请同理。
More Info Here.
- Can I work for current employer while my H-1 extension petition is pending?
Yes, the “240-day rule”allows an individual who has H-1 extension petition timely filed with USCIS to work up to 240 days beyond current H-1 expiration.
- Do I have to wait for H-1 transfer Receipt Notice before working for new employer?
No, you can start working for a new employer after filing the change of employer H-1B petition (which is usually evidenced by a Receipt Notice), on condition that you have never worked without authorization. While waiting for a USCIS' receipt will keep you in a safer position as the petition may be rejected due to signature/fee issue.
- Can an H-4 work as "volunteer" before receiving EAD, or changing to H-1?
No, it is illegal.
More Info Here.
- I have working with employer X on H1B, and applied for H1 transfer through employer Y. After the transfer is approved, if I change my mind and decide to continue to work with current employer X, can I do that?
Yes. You can continue working with current employer as if you never filed H1 transfer
More Info Here.
- 如何证明“迫使该申请人申请劳工证会给国家利益带来负面影响”？
More Info Here.
- 如何定义 "same or a similar occupational classification" ？
When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or
SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
More Info Here.
- 我可以开公司吗？
No matter what status you are, an F-1, H-1, using EAD, etc, the short answer is "Yes".
However, you can not work, even for the company you established, unless you are in possession of an H-1 sponsored by your company, or a valid EAD. You may own that business, you may hire someone to run the business for you, you may earn profit from your business, but you just can not work for it, such activity constitutes unauthorized working.
To start a business from scratch? Google "LLC".
- 等得太久了，想 WOM，行吗？
More Info Here.
- 如何证明照片是要求的 30 天之内的？还有，为什么不能用数码相机的像片？
You may satisfy 30 day requirement in this way.
"Digital photos are not acceptable" means no photo is accepted in digital format, like on floppy, CD, or USB drive etc. It must be on paper of specific standards.
More Info Here.
More Info Here.
- 在美国出生的小孩回国，是要签证还是申请回乡证？
中国公民在美国出生儿童，如父母双方均未入籍，也未取得绿卡者，为中国国籍，应申请中华人民共和国旅行证赴华；如父母一方为美国公民，或持绿卡，该儿童具有美国国籍，应申请赴华签证。
More Info Here.
- How to apply/renew US passport? WHat if it got lost/stolen?
More Info Here.
- 申根签证 (ESV) - Schengen Visa
申请并获得申根签证的国家，不一定非得是第一个入境国／最终离境国，或停留最迟长的国家，即使不曾停留也没有关系。
More Info Here.
Last Rvsd 5/17/07
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