Thứ Tư, 29 tháng 6, 2011

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  • krishna_brc
    10-21 02:54 AM
    I am in 6th year of my H1B. It is expiring in Aug 2011.

    Here are some details:
    - My I-140 is approved with a priority date of Aug 2006 under EB2-India.
    - I did not apply for I-485 so I do not have a EAD.
    - My wife is also on H1B which expires in Aug 2012.

    Here are my questions:
    1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
    2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
    3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
    4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
    5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?

    Chances are very high that your priority date will be current before Aug 2011.
    good luck




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  • new_horizon
    04-06 04:11 PM
    Normally at the POE they scan the visa page to get the info. I think just the page being damp wouldn't affect the machine reading. But if you are so concerned you can call the nearest consulate in your home country, and inquire about it.




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  • Blog Feeds
    05-25 08:30 AM
    As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.

    The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

    VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

    * Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
    * Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
    * Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
    * Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.

    All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.




    More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)




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  • pappu
    02-08 10:27 AM
    Thanks for letting me know. I think paskal is in India now. Anyways we had a very small window of time to seek someone quickly. I have found one member willing to reveal his name and give the interview. The information is forwarded to the reporter. The reporter has to quickly do a story so that should be all for now. In case the reporter needs any more members, I will open this thread. Otherwise the thread will remain closed.
    Thanks everyone.



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  • sukhwinderd
    11-15 04:00 PM
    has anyone thought about this :

    if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.




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  • Blog Feeds
    04-05 09:40 AM
    We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.

    Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.

    There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.

    Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.

    More tips in later posts, good luck filing the H1's tomorrow.




    More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)



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  • IneedAllGreen
    06-22 09:35 PM
    Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.

    Appreciate your help.

    Thanks
    INeedAllGreen




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  • ruski_flasher
    08-01 11:07 PM
    not being rude, but are you the voice of- http://www.fat-pie.com/salad2.htm?



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  • freddyCR
    January 31st, 2005, 09:16 PM
    thanks ;)




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  • fullerene
    12-17 05:21 PM
    core members:

    I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?



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  • akr_roy
    09-21 11:13 AM
    I received the receipts and FP notice. Waiting for EAD/AP.

    PD: OCT2006 TSC
    RD: 24th July 2007 TSC
    ND: 12th Sep 2007 TSC




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  • shimul99
    07-31 05:42 PM
    140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485

    In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485



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  • ss_col
    04-18 01:04 PM
    I know but if it is implemented how would it affect my situation?




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  • sagittarian
    05-08 04:07 PM
    Folks,

    I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?



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  • immidude
    06-08 04:36 PM
    I am July filer got 485 RFE
    seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
    - well this is going to cost me

    My question(s)
    i changed job(and company) do i need to send AC21 along with RFE response.
    and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
    if yes do i still need USCIS doctor to submit these medical records.




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  • Gravitation
    08-11 07:46 PM
    You should have been changing diapers even without prompting. You job wasn't done at the conception, you know :)



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  • akr_roy
    09-21 11:13 AM
    I received the receipts and FP notice. Waiting for EAD/AP.

    PD: OCT2006 TSC
    RD: 24th July 2007 TSC
    ND: 12th Sep 2007 TSC




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  • dealsnet
    11-16 10:28 AM
    See a lawyer. He can find out the better job description for you.
    He need to file LCA according to these job title.
    Consult a reputed lawyer.

    I'm on my OPT, basically student F1 visa.

    The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.

    I'm working over there on administrative position and doing various accounting things.

    Thanks




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  • Blog Feeds
    10-28 01:10 PM
    AILA Leadership Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.

    The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.

    Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.

    Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.





    More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)




    vselvam
    05-17 03:43 PM
    After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?

    History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
    I can�t use my EAD.

    I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.

    I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B

    Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?

    In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.

    Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.

    Do I require to start again my GC process? Or Can I continue with the same existing filed application?

    I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?

    Any advice is appreciated.

    Thanks




    Irs
    03-03 09:34 AM
    I always feel the indirect money flow is not counted for.......



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