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Sunday, July 3, 2011

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  • qplearn
    09-13 12:59 PM
    It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
    Fine then of course.





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  • tdasara
    08-10 08:57 AM
    With not many 'easy' H1b cases anymore. This looks like another route for the 'attorney' to get more clients, selling fear!





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  • vikasgarg24
    07-12 01:14 PM
    No USCIS can't do that. File suite and I am 100% sure you will won.

    I am not a lawyer but a CPA, know some of teh laws also.





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  • blacktongue
    11-01 01:35 PM
    I heard that only applicants who are current are considered as backlogged - is this true?

    Applicants who are not current - which statistical group do they belong to?

    You are correct. Is USCIS definition to show less numbers on their graphs.



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  • nixstor
    03-12 03:10 PM
    At last my labor is approved and I was to planning to file my 140 under PP. How ever, I am reconsidering the thought as my wife is on H4 and she is being hired on a H1B from Oct1st. If my 140 is filed under PP and approved, her H1 is approved by June/July Can I transfer my H1 to another company to port my PD? What happens to my wife's H4? I am under the impression that she needs to file an extension as well along with me. This will have her H4 approved after H1 and she will need to re validate her H1 status by going out of the country.

    Is it possible that my new employer request my H1 transfer and we chose not to request my wife's extension along with mine if she has 2+ years left from the extension we received based on my previous extension? If we have to file for her extension when I transfer (which I think) PP is of no use as Oct 1st 07 is 6+ months away.

    Thanks





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  • Yeldarb
    11-14 11:44 PM
    Your work is very impressive, I've been looking for someone to design layouts for clients (as I'm not very good with graphics) -- I'll keep you in mind next time I need someone.



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  • belmontboy
    09-10 05:55 PM
    Hello gurus,
    I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.

    Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.

    Regards
    Natan

    No, unless the withdrawl was in error from your company.





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  • bayarea07
    04-08 04:04 PM
    Hello All,
    I have a quick question regarding my EAD.

    I got my EAD through Company A and then that company got bought Over by Company B, though in my Employer name Section, my EAD is still held by Company A.

    Question 1 - So Next Time,if i file for my EAD extension,do i need to file any kind of amednment to speciy the new company B in EAD and all USCIS document

    Question 2 - What if Company B decided to close down its newly acquired unilt which is Company A, what happens of my EAD status, will that be invalid now.

    Please respond.

    Thanks!



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  • nkappiah
    07-19 10:58 PM
    I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.

    Check with a lawyer before you do anything.


    Who or what is fragomen? Where can I read up more on this?





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  • pibeeneri
    12-20 05:44 PM
    And yes I Have The Lin Number... The Officer Told Us By Phone...



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  • lazycis
    12-20 09:22 AM
    She's done it aready. Why worry about the future? I do not see a problem with switching from B2 to H1. Hope she was not working while on B2 :)





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  • phillyimmigrant
    07-18 01:23 PM
    I am a newbie as well and have filed I-485, I-131, and I-765, and they reached USCIS by July 2nd. What happens now?:confused: I mean, I understand we will get I-485 receipt and AP and EAD and might even be called for finger printing. What after that?

    EB2 India
    PERM submitted in Oct 2006, I140 approved

    After the show down of the USCIS and all the high skilled immigrats. USCIS posted that they are withdrawing the July 2nd board. This is great news.

    I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.

    So what will happen from now on? What is the procedure after this?

    I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.

    Thanks



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  • Blog Feeds
    01-28 08:30 AM
    WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
    today that it has received a sufficient number of H-1B petitions to
    reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
    the public that yesterday, Jan. 26, 2011, is the final receipt date
    for new H-1B specialty occupation petitions requesting an employment
    start date in FY2011.

    The final receipt date is the date on which USCIS determines that it
    has received enough cap-subject petitions to reach the limit of
    65,000.� Properly filed cases will be considered received on the date
    that USCIS physically receives the petition; not the date that the
    petition was postmarked.� USCIS will reject cap-subject petitions for
    new H-1B specialty occupation workers seeking an employment start date
    in FY2011 that arrive after Jan. 26, 2011.

    USCIS will apply a computer-generated random selection process to all
    petitions that are subject to the cap and were received on Jan. 26,
    2011. USCIS will use this process to select petitions needed to meet
    the cap.� USCIS will reject all remaining cap-subject petitions not
    randomly selected and will return the accompanying fee.

    On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
    petitions filed on behalf of persons exempt from the cap under the
    ‘advanced degree’ exemption. USCIS will continue to accept and process
    petitions that are otherwise exempt from the cap.� Pursuant to the
    Immigration and Nationality Act, petitions filed on behalf of current
    H-1B workers who have been counted previously against the cap will not
    be counted towards the congressionally-mandated FY2011 H-1B cap.
    Accordingly, USCIS will continue to accept and process petitions filed
    to:

    extend the amount of time a current H-1B worker may remain in the U.S.;
    change the terms of employment for current H-1B workers;
    allow current H-1B workers to change employers; and
    allow current H-1B workers to work concurrently in a second H-1B position.

    U.S. businesses use the H-1B program to employ foreign workers in
    specialty occupations that require theoretical or technical expertise
    in specialized fields such as scientists, engineers, or computer
    programmers.

    For more information on USCIS and its programs, visit�www.uscis.gov.


    More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)





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  • reddymjm
    03-11 05:51 PM
    Just woke up??



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  • augustus
    06-17 07:00 PM
    Dear All,

    Can you please let me know if the sealed medical report will be given to you by the doctor? or will it be mailed by the doctor to lawyer?





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  • nozerd
    03-27 02:42 PM
    Hi,

    Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?

    I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?

    Thanks



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  • supers789
    09-21 05:07 PM
    Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.





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  • smuggymba
    10-08 03:00 PM
    I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).

    I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.





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  • ak27
    07-18 08:33 PM
    What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.





    Blog Feeds
    08-03 12:50 PM
    Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...

    More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)





    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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