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Saville

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About Saville

  • Rank
    Immigration Host

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  • Website URL
    http://www.mallachlaw.com
  • ICQ
    0

Profile Information

  • Location
    New York, NY
  • First Name
    Saville
  • Last Name
    Mallach
  • Landed
    1994
  • SA Location
    Cape Town
  • Language
    Afrikaans

Recent Profile Visitors

519 profile views
  1. Saville

    Working Visas

    Check out the E-3 visa category.
  2. Saville

    Tax Question

    Residency is not the same for immigration and tax purposes. H-1B workers will generally be taxed as residents, but a CPA should be consulted regarding the specific details of each person's situation.
  3. Muir Glen Organic Tomato Ketchup has a very similar taste and consistency.
  4. It is generally possible to travel after filing an application for adjustment of status, but one needs an advance parole document in order to do so and it will result in a referral to secondary inspection to confirm that the adjustment application has not been withdrawn or denied. Advance parole can be applied for at the time of filing the adjustment application (or later), and currently takes up to 3 months to be processed. There are limited exceptions for people on H-1B and L-1 visas, but only when they are able to produce certain required documents upon returning to the U.S. HOWEVER, although people with previous immigration violations such as visa overstays are likely to be approved for advance parole, they may still be denied entry upon their return to the U.S. depending upon the infraction. Also, those who would otherwise be inadmissible (e.g. certain convictions and no-contest pleas) remain inadmissible. If one's immigration and personal history is anything other than perfect (or one is applying for asylum), international travel should be absolutely avoided during the adjustment process unless the specific facts are first discussed with an attorney.
  5. Saville

    Travel To Canada

    South African passport holders who do not have green cards do require visas to visit Canada. This includes holders of H-1B visas.
  6. Folks. I'm going to step in here for a moment. As most of you know, I don't provide advice regarding individual matters on the forums unless the issue is of general application and involves well settled law or practice. But this thread has me very concerned. What is being offered here by a number of members is great encouragement but terrible advice. A few others have acted wisely by accepting the limitations of their knowledge and experience.
  7. Saville

    Biltong Imports

    Jim. Biltong USA is still in business. They may be on vacation. I would call them (704 - 893- 2873). They are better at making biltong than dealing with email and, I prefer their biltong to Tastes of Home, the latter being very, very spicy (not that BiltongUSA's is mild). Resist the temptation to go with the lean option - it spoils all the fun. The traditional will more than do the trick. Enjoy.
  8. The letter is called an RFE (Request for -additional- Evidence), and the notation is standard for I-485 cases. It means that the I-765 application for employment authorization will not be processed until the RFE has been adequately responded to. This does not necessarily mean that any mistakes were made. It is not uncommon to receive an RFE for documents/information that formed part of the intial submission. There is an 87 day requirement for responding to the request, but it is best to do as asap.
  9. Pressure from the technology sector, a great source of additional revenue from premium processing, and an effort by the USCIS to become more efficient and friendly may be motivating the changes. It is, however, important to note that EB-1s and EB-2s are dwarfed by the EB-3 category. Although the EB-3 category also now qualifies for premium processing, the wait for labor certification and for priority dates to become current still results in lengthy delays. Petitioners who filed I-140/I-485 employment-based 1/2/3 category submissions without premium processing can generally upgrade these applications to premium processing. National interest waiver cases do not qualify for premium processing.
  10. This may bring tears to the eyes of some, but if he's in the EB-1 Extraordinary Ability/Outstanding Professors employment-based green card category, which your email seems to suggest, then he is exempt from labor certification and, as of November 13, 2006, can file using the premium processing method and get a decision in 15 business days if no additional evidence is requested. That being said, the standard for approval is very high. However, most people do not qualify for this category and have to rely on EB-2 (labor certification generally required but visas are immediately available, and it also now qualifies for premium processing) or the most common EB-3 category (these cases cannot currently move forward unless the labor certification or application was filed before August 1, 2002).
  11. Slug. It seems that folks are getting confused between an H-1B nonimmigrant visa and a green card/immigrant visa application. Regarding H-1B visas, one needs a marriage certificate only to demonstrate a marriage to a spouse so that the spouse can obtain an H-4 dependent visa. The JHB consulate is quite strict about long form marriage certifcates for green card applications, although some cases do get through with the short form. The primary distinction is that the short form does not contain the names of the spouses' parents. The consulate may be less strict with regard to an H-4 visa, but best to check with them first (consularjohannesburg[at]state.gov). A number of folks on this board have used a woman in Pretoria to obtain expedited documents from the Dept. of Homeland Affairs. With regard to the second matter, consulates can and do sometimes refuse to grant H-1B visas even when a USCIS approval has been issued. As a general rule, U.S. immigration is based on 2 concepts: visa and status. The visa gets one into the U.S., and the status allows one to remain here. Consulates/Dept. of State issue visas, and the Dept. of Homeland Security essentially grants status. H-1B visas are dual intent (a temporary stay can evolve into a long term plan/green card application), so this should exclude the most common common basis for a nonimmigrant visa denial (immigrant intent). Additional reasons for denying the visa can include previous immigration violations and other grounds of excludability. Consulates are not supposed to take a second look at the basis for the H-1B approval, but some do. The SA consulates sometimes tend to be on the more rigid end of the review scale, but are generally reasonable with regard to H-1B visa applications. The rate of nonimmigrant visa denials at the JHB consulate is actually low on a comparative basis. It is rare for an H-1B visa applicant with a USCIS approval in hand to have his or her visa application denied when no grounds of exclusion are present, but it does happen.
  12. I am generally not a big fan of university ranking systems because they tend to focus on the institution as a whole rather than on individual disciplines, and also because they can be somewhat arbitrary. Neverthless, we often see discussions here that talk about SA universities being internationally rated, so this article may be of interest to some (sundaytimes.co.za/News/Article.aspx?id=315914).
  13. The USCIS does not charge any fees for entering the lottery (although the winners will pay processing fees in connection with their green card applications). Moreover, the USCIS does not notify or correspond with lottery winners via email. So any email correspondence or request for funds prior to the submission of the formal green card application materials is a scam or an unnecessary expense.
  14. Saville

    Salary

    Marli. The most common practice is that the employer will refer to an amount that is the base annual salary. Benefits are usually in addition to that, although it is not unusual that the employee is required to spend a certain amount of time with the company before being eligible for benefits such as medical coverage and 401k eligibility. Many public companies also offer 401k contributions, stock options and discount rates on their stock, which are often tied to tenure. In most cases, bonuses are discretionary and there is no concept of a 13th check. Rather, the extent of the bonus is mostly dictated by the nature of the industry (and of course market conditions and individual performance). Headhunters often refer to a base salary that is at the top of the range that the employer is prepared to pay.
  15. Janneman. Your posts always add some humor to my day. I agree with with the recent comments. If one really wants to learn about a product, the last place to start is the store. The internet has probably changed the way that we shop for many things, especially electronics and cars. I also think that the prevalence of leasing cars in the U.S. creates a different type of consumer. If one is leasing for 2 to 3 years, long term considerations are much less important. And the lower cost also changes one's perception of the fiancial relevance of the purchase.
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