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Friday, July 1, 2011

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  • ronitm
    06-30 12:01 PM
    I selected H1B: SPECIALITY OCCUPATION as that was the manner i last entered the country in Dec 2007. Even though i have an AP(haven't used it) but for my wife(who entered on AP) i selected DA: Advance parole. So if you used AP at POE then your status is DA. Hope that helps :)





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  • Syous
    03-11 03:39 PM
    You look asian in the portrait! =p





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  • Ramba
    07-27 05:29 PM
    ~~~

    The answer should be "yes". The job should be offered to foreign national for processing his/her PERM or GC. However, the job can be accepted by FN, only after USCIS authorization. That authorization can be either H1 or EAD or GC itself. In other words, you can accept the job even after getting GC; however, in order to process your GC, there should be always a job offer for you from sponser right from begining(PERM LC).





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  • raysaikat
    04-08 12:39 AM
    Hi,

    I am in the US now. Can I change to F1 visa in August and get the new F1 stamping or the approved transfer as you said, when I visit my home country later some ?

    thanks again.

    My understanding is that F1 visa status is maintained by I-20 and corresponding I-94 (which would usually say D/S and therefore would be valid as long as your I-20 and student-in-good-standing status are valid), for which you need to go outside US and reenter.



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  • solaris27
    10-12 04:13 PM
    you have to wait till 180 days .


    Your employer can revoke 140 in once that you filed i-485 within 180 days .

    So you have to make friendship with him till 180 pass .





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  • gevgelija50
    11-01 12:06 PM
    Thanks for the reply - that helps.

    Another question I had was about LUDs. I did my FP on Oct-29-07 on which date I also noticed an updated LUD (from Sep-25 to OCT-29).

    However, on Oct-31, I noticed that the LUD was updated yet again to OCT-30.

    Any idea what this could mean?

    Thanks.



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  • comicGeek
    10-13 07:04 PM
    That's the job that I'm very much looking for!

    I not really a master webmaster but I did some jobs in the recent past and they were satisfied. :)

    I think it is great to have a product intro to your project. since it's dogs it should feature dogs. dogs look great over a white background I think with some text or paragraph on the left. If you will used flash add some dog sounds of different breeds.

    That's about all I could think of. Hope it helps!

    comicGeek





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  • anilsal
    10-12 12:59 AM
    at one point. Your school should have an office of international students or such who would have clear understanding of scenarios such as yours. In addition, an immigration attorney needs to be consulted.

    Why not use the IV attorney by asking questions?



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  • prathap
    04-08 09:03 PM
    My current H1 B expires on July 31 2011. With this I will be exhausting my renewals quota as my sponsoring company Wipro has not initiated GC process. Also when my last renewal was done, a mistake was done by Wipro Visa office. My first entry to US was in Aug 2004. After that I had gone out of US in Aug 2005 for 1 month vacation and returned in Sept 2005. Each time when we file for extensions, we give all the entry and exit dates. The Wipro visa office had incorrectly entered my first entry into US as Sept 2005 even though it should have been Aug 2004. Based on this they renewed my petition till July 31 2011. If we calculate now, it turns out to be the seventh year on H1. When I tried to change my employer this year, they looked at these details and informed that if I start GC process now, they will definitely calculate my dates and find out that I am in the 7th year of H1 without GC initiation. So they told it will cause issues and it would be better for me to leave the country after July 31 2011, wait for 1 year, sponsor a new H1 and then come back.

    Is there any alternative I have here? Thanks for offering help.





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  • Blog Feeds
    06-17 08:40 PM
    In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.

    The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
    interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.

    Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.




    More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)



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  • immi_2006
    09-20 09:58 AM
    Hi,

    I filed my 485 on July 5, 2007 at NSC and got my receipt number yesterday. I sent my wifes 485/765/131 on July 24, 2007 to NSC. She is on H4 currently. TOday i got my wifes receipt numbers for all 3. But to my surprise the receipt numbers were given by TSC instead of NSC.
    FYI my 140 is pending with NSC.
    I am just wondering if this will be a problem? Any one had been through similar situation?

    Thanks in Advance!!





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  • andycool
    01-24 03:09 PM
    I have an employee who was a student and then got employment authorization. She asked me to begin the process of getting her an H1B; but then we determined that she really wanted a green card. Can I use the LCA I got for her H1B to apply for her I-i40?

    LAC for H1B and LCA for Green card are entirely different .

    Thanks



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  • GC_Q
    04-18 10:43 AM
    Hello Gurus,
    I have got my wife passport stamped(H4) until Oct'09 based on my previous H1. I have changed company and got new I-797 for both of us valid till Apr'2010. During her recent visit to India and return to USA, at the port of entry she was issued I-94 till Oct'2009 eventhough her I-797 form my new employer is valid till Feb'2010.

    I don't want to ask my wife to cross the broder (@Mexico or @Canada) for the sake of renewing her I-94. I am wondering if I can apply with USCIS for her extension of I-94 till April'2010 for which she has I-797 to support it.


    Thanks





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  • deecha
    09-15 04:52 PM
    I wonder what the ACLU will come up with :)

    More business for them .... lol .. :-)



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  • aperregatturv
    09-13 09:26 AM
    True, i did not use EAD but i went to India and came back using Advance Parole. My Lawyer says i need to switch back to H1 by filing the change of status again(fee $1300).

    I have H1 till 2010 but not stamped in my passport.





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  • azambhatti
    01-27 09:26 PM
    Hello all,
    I am a student on an I20/M1 vis
    I have just recieved a new I20, and sent a form I 539 for extension of my I20.
    I have my old I94, I20 etc.
    It is currently under processing.
    First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
    Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
    My visa is 5 years(M1 valid to 2013)
    Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
    or do I need to wait until the processing comes through?
    thanks in advance.



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  • jijiewang
    01-24 01:42 AM
    Hi,

    Last year my husband got laid off. At that time he was on H1 visa, 140 approved and 485 pending. He applied and got AP, and then left U.S in March 2009. AP is valid until March 02, 2010.

    Now he wants to get back to U.S. and try his luck finding a job before AP expires.

    My question is what are his chances to be able to get in U.S considering

    1)He has stayed outside of U.S for about 11 months.
    2)He is not employed by any U.S company.

    Thanks.

    Jijie





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  • quizzer
    01-02 02:19 PM
    You cant.

    I140 is company's documents and uscis will not talk to you.

    Dont worry..my EB2 at NSC took 11 months for approval.

    Talk to your laywer frequently as they recive the approval notice without the website getting updated.

    Mine online status still shows "case received and pending..." when i got the copy of approval notice from lawyer in Nov.

    Thanks





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  • GotGC??
    01-13 07:02 PM
    I was in a similar situation, and they got my PP H1 because of my overseas travel.

    If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.

    If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.

    The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".

    I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?

    My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?

    Please advise. Thanks





    loku
    07-23 10:27 AM
    Hi,

    I am on H1b visa and it is expiring in sep 2009 in 2 months. I need some information incase i dont get a project in mean time. I already got RFE for the extension.
    Is it better to convert to H4 visa? How much it costs? and how long it takes to convert? Also do we get any kinds of problems in converting to h4 visa?

    Also if we converted to h4 visa, can we easily get f1 visa if we want to study later or can we go back to h1b from h4 visa.? what all things are required.

    Please let me know.
    Thanks in advance!!





    Blog Feeds
    07-03 04:36 AM
    I am writing this Blog entry from my conference of the American Immigration Lawyers Association in Washington DC. In this past few days Immigration lawyers from across the nation gathered here in DC to share ideas and discuss our Immigration laws and policy. On Thursday not so far from our conference, the President (maybe he planned it), discussed Immigration reform for the first time in months.

    President Obama stepped back into the political minefield of immigration policy Thursday, arguing for big changes in what he called a "broken" immigration system. But he warned that no such changes are possible without some Republican support.

    From months now, Latino activists have been pushing the president to make good on his promise to overhaul the nation's immigration system. Thursday, in a speech at American University here in DC, Mr. Obama took up the challenge.

    The speech followed meetings earlier in the week with immigration activists and Latino lawmakers.

    To those concerned with security along the southern border with Mexico, Mr. Obama said, he's already put more boots on the ground than ever before. But, he argued, border enforcement by itself will not stop the flow of illegal immigrants.

    Immigration is back in the spotlight now thanks to a new Arizona law requiring police to question anyone they suspect of being in the country illegally. Mr. Obama says he understands the frustration that led to that law, but he thinks Arizona went too far. His speech helped to lay the groundwork for an expected legal challenge by the Justice Department.

    These are exciting times for all of us at the Immigration Bar, and being here in Washington makes you feel like part of the debate. I promise to keep you updated as we hear from USCIS officials and other government representatives on upcoming changes and other issues.




    More... (http://www.visalawyerblog.com/2010/07/from_washinton_president_ready.html)



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