Tuesday, June 28, 2011

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  • coldcloud
    08-06 03:40 AM
    @ http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf

    In page number 20, It says India is exempt from 6 month rule and you are required to have passport validity for only your intended period of stay. Any ideas?





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  • sunkara9
    05-09 03:34 PM
    Yep, I would enclose a letter from my current employer. I wanted to know whether I can process without my new H1B approval notice

    In your letter of sponsorship which employer you are going to mention? You will need a letter of employment from your employer.





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  • yabadaba
    06-25 12:14 PM
    its not that complicated.. u could have signed the form last month and u can send it by july 2nd...it is not connected to anything.





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  • Anders �stberg
    February 13th, 2005, 04:47 PM
    Makes you wonder how it was, rows and rows of beds with sick people I guess.



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  • Blog Feeds
    11-01 09:10 AM
    According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

    Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.

    The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.




    More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)





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  • marinash
    04-02 12:22 PM
    I have a question. Our files are stuck in the Chicago local office (after our interview last year) and the only thing pending is the Namecheck, which has been pending for more than 180 days. Our PD is current. Is anyone in the same position?

    It is frustrating because you do not get any LUDs when your files are in the local office and I have no indication whether the Chicago officeis processing cases with NC pending > 180 days. Anyone knows?



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  • Horace Jones
    07-15 09:12 AM
    I agree that option B is the correct choice. They are looking for you to have a stable residency, so having it established as the application time nears makes the most sense. Still, I would consult with an expert or an attorney if you have the opportunity.





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  • andycool
    04-18 04:55 PM
    Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).

    My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?

    Or will it be just another H-1B renewal process following my previous two terms?

    Do I need to wait for another two terms of H-1B to expire before starting the greencard process?

    Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?

    Thanks,
    E

    1) Yes you can come back fter 2 years and apply for a new H1B , you will get a new H1 for 6 years .

    Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?

    YES , YES , YES ...if you can get this done that will be the best option...
    file a GC application and apply for Consulare proces ,

    Thanks



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  • rajje
    12-28 02:56 PM
    Congrats!

    I got my perm (EB2) approved in 5 weeks :)





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  • sina
    08-20 01:36 PM
    You can stay here as long as the I797 is valid (there is no rule to stamp it within a year). Do you have H1B stamped frome before or is this your first H1? If the first one then you have to get it stamped when you travel out of US. If this is not the first one then you can travel back on your old H1 stamp with new I797.



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  • panvel123
    07-24 07:50 PM
    have you ever applied for ead in the past,if not then dont worry about it leave the field blank u dont have any alien number yet





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  • Alfio
    06-28 09:57 AM
    Thank you. The lawyer is in Missouri. I will try to ask the documentation back.


    In the US, attorney ethics rules vary somewhat from state to state. In most states, you are clearly entitled to all substantive materials contained in your case file. Unless the retainer/fee agreement clearly obligates you to pay for copying costs in this circumstance, the law firm should give you the documents you want without charge.



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  • dollar500
    08-14 09:06 PM
    Thank you for the email.

    I have my I 140 approved long time back--Dec 2006 (I dont know which service center). So it was not concurrent filing.

    If that's the case why people in this forum are so concerned about Texas SC. By that nobody on July 2nd should have filed to Texas, unless he/she is doing concurrent!

    please clarify





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  • bayarea07
    08-02 04:06 PM
    Hello,
    I am working for a company A with whome I have gone ahead and resigned with them i also filed my GC and 485 is still pending with them and also have EAD through them, recently i got offer from Company B which i accepted and they have gone ahead and filed my H1 Tranfer but recently i got one more offer from Company C which is much better.
    What should be done in this scenario,should i again file for H1 Transfer through Company C or will it mess up my case even more



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  • tabletpc
    09-20 11:43 AM
    I am kind of worried with all these.
    I presently work for company A whose first 3 years of visa will expire in oct end.
    In july sometime I requested company B to file a transfer and they did and it got approved .the date starts from july.However i told company B that i need more time t join them and they agreed to it.

    While i was talking to compay A attorney for extension i mentioned to him that i ahve another H1b approved from company B. To which he said ," if that H1b is filed as concurrents then its not a problem. But if its filed as "change in emplyer" then you should have been working for that emplyer from the start of its approval." However company A attorney agreed to jsut file extnesion wihtout mentioning the another approval.

    I then asked the i-129 petion frm company B and found that its filed as "change in emplyoer". I asked him about the problmes i might face in extnesion with compnay A visa to which he said.."Don't worry..you don't need to mention about second approval while extneding with company A. You won't have problem gettign extension". it need to be filed as "change in emplyer not concurent.Is this true....???

    Also I filed for 485,ead and ap in aug..jsut FYI. But i would like to be on H1b as i am single and don't want to mess up my immigrationhistory..so far its clean. Do you think i could be out of status as i am not working for company B which filed tranfer as change in emplyoer..???

    Can anyone give some inputs for me....

    thanks in advace guys...





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  • fromnaija
    11-09 10:07 PM
    I have 2 H1B Transfer questions for clarification.
    1. Can H1B Transfer be filed when H1B Extension is pending with the current employer?

    Yes, a transfer could be filed while an extension is pending. This is the so-called anchor transfer. However, the transfer would be denied if the extension petition is withdrawn before the transfer is approved.


    2. Do i need to have copy of I-140 approval notice for H1B Tranfer? The current employer does not share this document.


    The 140 approval notice is not required unless this is a post six year transfer/extension.



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  • singam
    12-20 07:44 PM
    We tried Salinas ASC and it worked for us.





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  • vactorboy29
    09-21 03:20 PM
    For us it took @ 104 days to get AP approved.

    Receipt Date - 04 June 2010
    Aprroved Date 17 Sep 2010

    Still i am wating on EAD,EAD was applied same time.We had RFE on June 22 resubmitted now system showing June 25 receipt date.





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  • shishya
    04-30 11:18 AM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.





    vban2007
    02-15 03:38 PM
    Hi,

    You do not even need to file AC21.. I changed my employer on EAD from H1B and no issue and got GC also.

    Good Luck





    sharmana
    08-02 07:09 PM
    I doubt it that this is the content



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