chanduv23
09-25 09:53 AM
If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature
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Prashanthi
04-08 05:56 PM
When you file for a transfer to company C, the USCIS will see if the H-1 with company B was approvable or not before they agree to approve the H-1 with C. You have essentially created a bridge by filing the H-1 with company B. The USCIS has said that they would allow bridge petitions, however in order not to complicate things, i would convert company B H-1 to PP get the approval work for 1 month, get a paystub and then file a transfer.
sbmallik
05-20 02:07 PM
Generally, Immigration add value to the economy ... but as a result of recession, we may see decline in immigration levels.
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pappu
08-09 07:53 AM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
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nk2006
05-12 01:57 PM
This really seems moving now. This may be the best time for the CIR to get passed in Senate. Conference may be different ball game but right now momentum is picking up and we (IV) has to do one last effort for our amendments.
Bush administration seems finally pushing hard on CIR:
http://www.cbsnews.com/stories/2006/05/12/politics/main1614242.shtml
In NY Times:
http://www.nytimes.com/2006/05/12/washington/12cnd-immig.html?hp&ex=1147492800&en=74b688ab8c164a63&ei=5094&partner=homepage
Bush administration seems finally pushing hard on CIR:
http://www.cbsnews.com/stories/2006/05/12/politics/main1614242.shtml
In NY Times:
http://www.nytimes.com/2006/05/12/washington/12cnd-immig.html?hp&ex=1147492800&en=74b688ab8c164a63&ei=5094&partner=homepage
I_need_GC
07-02 09:56 AM
You need to turn in all your I-94 cards, e.g. I-94 below the H1B approval notice, change of status. When you re enter the new I-94 card will have a new number so old ones if you kept would become useless. I would highly recommend that make copies of all your I-94 cards at I-485 they can ask you provide old I-94 cards Have seen cases where this has happened.
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frostrated
12-01 04:25 PM
you cannot file two 485s. what you can do is get till the 140 stage, and then port the old 485 to your 140.
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mr_aryan
10-19 01:42 PM
Anybody??:(
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aries22
07-18 09:06 AM
I have H1 from a consulting company.Now the client I work for has asked me if I'd like to join their company.The problem is they won't sponsor H1's.I'm willing to talk to an attorney and pay expenses for transfer.Can someone tell me if it's possible.If yes then what are the supporting documents we need from the client to transfer?
Thanks for any replies..
Thanks for any replies..
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Blog Feeds
09-08 09:50 AM
San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
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cool_desi_gc
03-18 06:26 PM
Thats a good set of documents to be sent. You should be all set.
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roseball
07-27 12:01 AM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
Only send it after you get a receipt notice....Else, I am sure it will get lost....USCIS has said in its latest FAQs that it will not reject the 485 packet if it doesnt inlcude the medicals....So wait till you get a receipt notice and send it with a copy of the receipt...
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
Only send it after you get a receipt notice....Else, I am sure it will get lost....USCIS has said in its latest FAQs that it will not reject the 485 packet if it doesnt inlcude the medicals....So wait till you get a receipt notice and send it with a copy of the receipt...
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pd_recapturing
06-18 07:57 AM
I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
Thx
Thx
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CHHAYA
01-15 08:14 AM
It took 8 months for the paper work,running ads etc.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
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askreddy
07-26 12:49 AM
Hi
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
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baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
more...
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techchaat
11-17 08:24 PM
Hi,
This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:
Is it OK to go for H1B stamping with this I-129?
What are the possible options to correct it?
Will this be a problem for my Green Card processing?
Please let me know if any further details are required from my side.
This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:
Is it OK to go for H1B stamping with this I-129?
What are the possible options to correct it?
Will this be a problem for my Green Card processing?
Please let me know if any further details are required from my side.
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lost
10-27 09:05 AM
In what stage is the background check done? and are we notified of its completion?
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vphope
03-11 05:51 PM
:D bit late
Mourning is also over..
Mourning is also over..
Almond
07-20 09:32 PM
They expire after a certain amount of time. Just go take them as they want you to. You don't want anything to get delayed in the future just because you don't want to be bothered with them today.
reddy_h
09-04 03:18 PM
Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.
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