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  • mytrix76
    01-10 01:50 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Thank you guys.
    So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?





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  • lp2007
    11-01 05:31 PM
    I think she should not have any problem with her future visits.

    My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.

    One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.

    USCIS takes between 6 weeks to <nn> weeks to process the request.

    One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.

    I hope this helps.





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  • gman
    07-08 08:08 PM
    Where's this information posted?





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  • DDash
    07-24 08:28 AM
    People, First of all, if you don�t have answers please dont post junk!

    Options:

    1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.

    2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

    3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***

    4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.

    5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***

    Hope these help.



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  • pd_recapturing
    04-30 06:46 PM
    I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.

    I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
    Jai, Whats the fax # ? I am also in same boat. Have sent 3 letters so far. This is very frustrating. I do not know how come lawyers say that interfiling is easy and way to go rather than filing a new 485 ...





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  • Berkeleybee
    05-24 12:35 AM
    Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.

    best,
    Berkeleybee



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  • Blog Feeds
    08-20 02:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

    Answer #1
    Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


    Question #2 � Employment Based Immigration � Green Card
    We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

    Answer #2
    If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

    Answer #3
    The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.


    Question #4 � Employment Based Immigration � Green Card
    I just received my Green Card, what do I do now?

    Answer #4
    USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.


    Question #5 � General � Social Security Card
    How and when can I get a Social Security Card?

    Answer #5
    Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.


    Question #6 � Employment Based Immigration - Green Card
    My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

    Answer #6
    If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.


    Question #7 � Employment Based Immigration � Labor Certification
    What is the difference between the old process for obtaining labor certification and the new PERM process?

    Answer #7
    In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.


    Question #8 � Employment Based Immigration - Green Card
    The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

    Answer #8
    If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.


    Question #9 � Employment Based Immigration � Green Card
    My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

    Answer #9
    Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    How many H1 nonimmigrant visas are left?

    Answer #10
    As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)





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  • shahsahil
    04-17 05:36 PM
    No audit information from DOL on my PERM case.
    10 months of silience from DOL.

    I keep asking Lawyer about the staus. And seems like they didn't recieve any information.

    Somebody suggested that some sort of sub account with read only permission can be generated if I want to see my case related information by myself.

    Is this true?

    -Sahil



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  • HOPE_GC_SOON
    05-04 10:30 AM
    Hi Immi2006.

    Please help me understanding this..

    Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

    Please enlighten me....

    thanks:)

    Folks,

    I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

    It appears on rough estimates :

    2005
    EB1 - 4000
    EB2 - 26000
    EB3 - 39000
    2004
    EB1 - 5500
    EB2 - 32000
    Eb3 - 36000





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  • eb3retro
    10-20 06:41 PM
    1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
    2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
    3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.

    i am really surprised that you are here asking these questions again and again even after many people telling that we do not support illegal activities. I am not sure which part of it you dont understand. IF you are expecting sympathy for your illegal activities, you have come to the wrong place my friend. Please re-read above answers from other members telling you to contact a lawyer. Reason you are in a hard situation now is because you have taken some wrong steps in the past knowingly or unknowingly. So, please do not expect any short cut solutions for your problems here or for that matter anywhere else. That will only land you in more trouble.



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  • nikdevid
    11-24 01:08 AM
    Hey all, I have PayPal Account and i have 200$ in that account, now what happen i wanna transfer in my indian bank account.. What the procedure i have to follow.. Please suggest me right way.





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  • thomachan72
    04-18 12:19 PM
    Does your husband currently have a valid H1b visa "STAMPED" in his passport??



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  • satishku_2000
    06-15 10:41 PM
    1. First USCIS has to collect tons of applications that will be filed .

    2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.

    3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.

    4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.

    5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)

    6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.

    Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...

    Good luck with everything





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  • jscris
    July 15th, 2004, 07:20 PM
    I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
    :)



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  • tikka
    05-31 02:32 PM
    Contributed $350 so far. Will contribute another $100 today.

    Awesome!!

    Thank you !





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  • lj_rr
    07-23 10:48 PM
    Indian Citizen GC holder is working in US since 2006 and has GC since 2006.
    Spouse works in India and they had arranged marriage in India in July 2007.
    So the Indian Citizen spouse has never been to US.
    Let me know if you need more info.

    If someone got green card here and got married to Indian citizen, I am not sure how to ask this particular question. She must have seen that guy some how, if so when and where? If that guy had come to US, then he could come again in whichever visa he came in. Also where did they get married? There are options, but certain questions needs to be answered.



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  • sixburgh
    08-13 10:58 AM
    Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

    Either Change of Status in US or Status when you enter/re-enter to US.

    As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

    Lets wait until Experts speak.......

    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Aren't all H status people supposed to have Dual Intent?

    If what you are saying is true, what are the steps I need to take?
    Someone is suggesting that I should revoke her h4.
    What happens of the fact that she worked since the arrival of her h4 renewal.
    Its been less than 100 days....





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  • gceb3holder
    02-27 08:09 AM
    Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

    Other thing, the 6 months, is counted from the receipt date or the approval date?





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  • ArkBird
    12-12 04:22 PM
    Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.



    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.





    panini
    06-18 04:45 PM
    I totally agree!

    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.





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