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Sunday, July 3, 2011

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  • Agul
    04-27 01:38 AM
    I thought I did have a good lawyer! We have been with our current lawyer for the past 7 years. Currently, as I am out of the country, and not able to get back, due to the approval, I am at my wits end as to what to do.

    Does anyone know of anyone in a similar situation, or heard about what one can do??





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  • Munna Bhai
    01-30 12:35 PM
    Munna Bhai:

    When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?

    Thanks.

    That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.

    So bottom line, employer should agree.





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  • 3dy
    03-07 02:24 AM
    That's the toughest crossed-words game I ever played! :)





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  • raysaikat
    12-05 06:02 PM
    Hi Everybody,

    I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?

    Please somebody guide me ...I am really in hurry..

    It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.

    Note that H1-B does not have that problem: it is a dual intent visa.

    I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.



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  • reddymjm
    09-16 06:55 AM
    The H1B is counted against the cap only once in 6 years. As you already had a H1 any one can file for your H1B NOW.





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  • bodhi_tree
    02-21 10:55 AM
    I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.

    My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.

    Would appreciate if someone knowledgeable would comment.



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  • Ahjeet
    12-04 09:16 PM
    Thank you for response.

    I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.

    Yes, I read in forums RFE's and 221g both have become more regular these days.

    I'll let the forum know outcome of this case. Thank you for visiting this thread!





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  • desi_doc
    09-25 09:46 PM
    How did you apply for I485 with PD of Nov 07 ? I dont think Nov 07 was ever current.
    I have similar PD Nov 07 EB2



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  • kshitijnt
    09-02 07:23 PM
    If you travel while I539 is pending, your 539 will be considered abandoned.

    Its better to travel anyway if you are planning on it and then apply for visa.

    Also do not use friends address. Once you move, you can file for AR-11 online and at that time it gives you an option to link any pending petitions to the address you just changed.





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  • Stcuk
    10-31 07:02 AM
    Recently , a friend of mine who lost his job while on EAD had these questions.

    1. He has EAD and H1B both valid till 2010. What should he use to get a jbo, ead ot h1b, what are some of the good reasons to avoid using ead as ar as possible?

    2. Is he eligible for unemployment allowance.

    If there is any thread where these have been answered please direct me there. Thanks



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  • LOL123
    07-29 03:35 PM
    When can we send this fax to expedite the service? Is there any days restriction? like only 60 days after you have applied for EAD? Is there any fee involved?





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  • dvb123
    06-01 10:43 PM
    We are in an era of US Immigration where a Fashion model work permit bill would have a better chance of clearing the house than a highly skilled immigrants bill.

    05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008

    As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!

    http://www.immigration-law.com/


    The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.

    USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.

    http://www.murthy.com/news/n_revcsp.html

    The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?

    http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness

    The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.

    I think this is the only solution to our saga.



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  • vin13
    01-09 08:40 AM
    I am getting different options from what you see. type in "infopass" in google and select the first site that you get. Here are the options i get after typing the zip code and selecting the service center

    1)You need Service on a case that has already been filed
    2) You are a new Permanent Resident and have not yet received your Permanent Resident Card
    3) You want to file an application in person
    4) You need information or other services
    5) You need a form.

    We selected (4) to schedule an appointment





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  • fiestagirl
    05-28 06:00 AM
    I have searched the internet on this and had no luck.. i'm 20 weeks pregnant and Canadian married to a USC. I went for my medical today and had all of my backup for vaccinations / immunity but the immigration doctor wants me to get a tetanus shot. All information on the web says this is "safe" during pregnancy, however I am completely opposed to having a vaccination while pregnant or breast-feeding due to potential issues vaccinations can cause (eg: autism in children). While this is not readily "accepted" by the medical community, it is how I feel. Some very high profile people have talked about vaccinations and the dangers they can cause but the medical community seems to reject their logic (not enough studies.. who knows).

    I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.

    Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?

    Thanks everyone!



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  • GCNirvana007
    08-19 06:02 AM
    Those who can afford to go to an USCIS office, if you have proper evidence, they issue AP and give it to you right there.





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  • newh1user
    01-26 01:36 AM
    :) hi guys

    just wanted to update my case is approved yesterday and dhs is sent the approval notice so its very fast in my case..

    my lawyer filed the case on 17th jan and got approval email 24th jan.. very good.



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  • kdiershaw
    02-22 11:19 AM
    My fiance came to the US from Mexico on a short term Visitors Visa more than 14 years ago and did not return to Mexico when it expired. No extensions were ever applied for. She has been working and paying taxes since shortly after coming to the US. I am a US born citizen, and have an income capable of sponsering her. Her own employment record is quite good as well. I understand that there would likely be an interview process which we should easily pass since we have had a lengthy multi-year relationship.

    1) What are the steps for legalizing her status after we are married?
    2) Will she be required to stop working while her application is considered?
    3) Would she be required to leave the country during processing?
    3) What is the average time required to go through the process?
    4) What are the restrictions on her traveling outside the US during/after the process of legalizing her status?

    I will be seekign an immigration lawyer to nail this down and start the process, but need a framework of the process and considerations, so we can get through this as easily as possible.

    Thanks in advance for your help





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  • visa_reval
    03-14 02:31 PM
    Guys I need your expertise and valuable answers on this:

    I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.





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  • nybear1
    07-20 09:23 AM
    I am in a similar situation and was rejected due to the same reasons.

    Has the original poster received any update on their E-file yet?





    eswaraprasad73
    02-07 03:10 PM
    I have valid H1B visa in my passport.
    Can I travel to India via London.
    Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.





    Bolt
    04-23 12:33 PM
    1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
    validity till AUG 2010
    2)Transferred VISA to Comp B by applying with in 15-20 days after
    landing into USA and got approved till Feb 2011.
    3)after working for 10months in Comp B applied for transfer to Comp C
    4)after getting receipt started working with Comp C
    5)on Jan 21,2009 acc to USCIS site RFE was issued
    6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?


    Q1) Am I still legal to stay,if so till how many days or am I
    already out of status?
    q2)can I still rejoin the previous employee i.e.Comp B
    q3)can Comp C able to reapply for H1B if So after how much time can it
    reapply for me?

    Please help

    Thx

    Hi,
    until you have an I-94 u can go for an h1b transfer to another company. my suggestion is to with a premium prcessing and u will get an approval.
    i was in a situation that my previous h1b was valid until aug 18th 2008 and i went for a transfer to another company on march 24th 2008. it was pending with USCIS until march 10th 2009 and got denied. my i-94 was valid till aug 18th 2008. on march 30th 2009 i wwent for another h1b transfer thru premium processing and it got approved on apr 21st 2009. now am waitng on the i-797 wondering whether they have approved as a extension with i-94 or else consular processing.



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