Tuesday, June 28, 2011

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  • rhegde
    09-09 09:28 PM
    Hi,

    I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
    Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.


    Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?

    Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?

    If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?

    Please help.

    Thanks




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  • arunabha
    04-19 07:07 PM
    Hi,
    I got an email from a reporter at the Seattle Business Magazine who is writing an article on the lack of Immigration reform in the United States and how that is adversely affecting innovation and job creation.

    The magazine in question is definitely not a major publication, however I think its important to highlight our case wherever possible.

    Is there a 'Media Kit' on the lines of "meet your lawmaker kit' ? I looked at the "contact media" link on the home page but could not find anything.

    I would be grateful if someone can point me to the relevant material, or if someone is willing to share their experience in talking to the media.

    Thanks




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  • toronto1999
    08-05 11:57 AM
    I enter US four times this year by using AP, same airport, but different experience. 1st, 2nd and 3rd entry was sent to secondary check. But the 4th entry, the CBP said it's unnecessary for secondary check and fill new I-94 because previous officers are new guys, don't know the rule. I thought 1st entry is definitely need go secondary check.




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  • skmurthy
    05-28 01:34 PM
    Hi All,

    Please help me to take proper decision.

    I am working in US on H1B visa and my employer is ready to file for my GC in EB2.

    Secondly, my father is a Green card holder and can apply for citizenship in early 2010. I have following questions:

    Please note I am unmarried

    1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen? if so, will the priority date be same or it will be new once converted to F1 category.

    2. Can I apply for both family based and employment based in parallel? if it is not possible which path should I select? Will the employment based GC will be faster of family based? Its tough to decide in this economic times as we dont know how long our job will last.

    Would appreciate your help and suggessions.

    Thanks,
    Sam



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  • senk1s
    11-06 03:41 PM
    Here are the instructions for e-filing EAD -
    http://www.uscis.gov/files/article/Guide11.pdf

    this is for AP
    http://www.uscis.gov/files/article/Guide8.pdf

    refer to the section on supporting docs
    AP says required, EAD says not required




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  • danctbi
    08-18 01:54 PM
    Thanks Raj for the immediate reply.

    But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.

    Thanks



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  • optimist
    03-12 11:37 AM
    The H1-B per se does not require any job experience, provided the educational qualification is exactly what the job requires. To quote, "For an H1B for a programmer, for example, a candidate must possess the required degree in the field of computer science, electrical engineering, electronics, or a related field." When the candidate has a degree in an unrelated field, the employer would usually need to prove that the candidate has work experience in the field in which the H1 is being sought.

    For more details, see http://www.murthy.com/news/n_repatt.html

    Hope this helps.

    ----------------------------
    Monthly contribution: $20




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  • morchu
    05-27 06:56 PM
    What I understand is that, your spouse can apply for H1, but not "change of status" while on EAD/adjustee. The establishment of H1 status for your spouse is possible only via an entry using H1 visa.

    So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.

    Anyway, it may not worth all this pain, since she can continue using EAD.

    Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?



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  • akhilarmn
    11-24 01:05 AM
    Update on my case, as mentioned above -
    I got the H-1B transfer approval along with I-94. I hope this information helps someone in a similar situation.




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  • alterego
    02-05 05:57 PM
    Matthew Oh is reporting that the USCIS is planning to deny EAD applications filed more than 120 days before expiry. Source is described as correspondence to AILA from the USCIS. Hmmm!
    I thought I read somewhere on their website that we should apply 180 days before expiry.

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



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  • shirish
    04-11 04:41 PM
    Ideally both the I-94s should have same Number on them.
    Check it out.


    Whn I entered US after visiting home country Nov 06, they gave me an I 94 till Dec 06 which was the end term of my first H1 B term.
    i got the approval for xtension. In approval notice at the bottom, i see a new I 94 till 2009.
    so now i got 2 I-94's now.
    cud any body tell which is the real one.
    next time whn i go out of this country, which i-94 i shud i hand it over to the officials??
    pls tell ur experiences..thank u




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  • bindas74
    05-20 10:18 PM
    I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?

    Thanks,
    Kunal


    Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.



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  • Lasantha
    12-24 06:18 PM
    Thanks perm2gc for clearing that up for me. So they DO kinda tell you if you've been Naughty or Nice, hmm? :D




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  • strafforddude
    12-14 03:54 PM
    Hi,

    I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.

    Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?

    Is there any way USCIS coming to know that i switched employees in between.

    Thank you !!



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  • sobers
    02-17 06:58 PM
    http://www.nysun.com/article/27801

    McCain Plans a Visit To Rally For Immigration Reform Plan

    By DANIELA GERSON - Staff Reporter of the NY Sun
    February 17, 2006

    A Republican senator is coming to New York to rally support for an immigration reform plan that is winning many fans in immigrant circles. He'll likely arrive before New York's Democratic senators even take a public stance on the divisive issue.

    Senator McCain, a Republican of Arizona who will likely run for president in 2008, will headline a town hall meeting and rally for immigration reform expected to attract 1,000 people to Lower Manhattan on February 27. The evening will be an opportunity for him to push the bipartisan bill he is sponsoring with Senator Kennedy, a Democrat of Massachusetts.




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  • PHANI_TAVVALA
    11-11 11:07 AM
    F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.



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  • qplearn
    09-11 08:52 AM
    Should the Oct bulletin not be out by now? It is Monday!

    qplearn




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  • wandmaker
    12-23 12:05 PM
    The system will come backup when s/he returns




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  • SGP
    11-06 05:06 PM
    I�m in EB2 and My I-140 was approved on March 2009 through Employer A. After which I moved to India and now am back (Nov 2010) with Employer B. My old Employer A has my apporved I-140.

    It would be great if I get answer the below my Question:

    1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
    2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.

    Thanks for your help.
    preety

    Hello Preety :
    1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
    Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.

    2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.




    ivgclive
    12-11 12:36 PM
    No. He got the new I797 recently and does'nt have VISA.

    Thats what probably triggered the 221(g).

    They have to verify documents on his visa.

    IV had few posts on this earlier in 2007, search for that. You can find some good information.




    needhelp!
    04-12 02:06 PM
    Facebook Washington DC | Facebook (http://www.facebook.com/FacebookDC?v=app_141125442599532)

    so far only about using facebook :p



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