Friday, July 1, 2011

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  • uma001
    11-18 10:31 AM
    That's a good sign for folks who wants to file green card next year and could not file this year becos of bad labor market

    The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...

    Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.




    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)




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  • chanduv23
    11-02 12:38 PM
    Thanks. Basically we are trying our options and chances to see if it is possible to work towards a fellowship based on the current restrogressed scenerio. Would any of them have handled such scenerios, I guess Khanna's office would be best option ??? Stephen Perlitsh seems to have answers to all kinds of questions but he is difficult to access.

    Thanks for the guidance




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  • lorebarba27
    07-30 04:04 AM
    According to new regulations only jobs on Job Zone Five can apply for EB2???

    If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.

    Please advise,




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  • priya.r
    12-24 01:30 PM
    Hello,

    Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

    The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

    If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

    Should the increase happen on October 1st 2010 when the H1B kicks in,

    or should the increase happen when the H1B gets approved ( between april - october )

    or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

    or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


    I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


    Hoping for your valuable replies as soon as possible.

    Thanks



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  • DDLMODES
    07-08 08:33 AM
    Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?

    How did you get paid for it ?? It went to taxes through your social security # like a regular job ??




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  • abcka111
    05-14 01:35 AM
    Any help from an attorney would be appreciated



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  • stemcell
    03-03 10:49 PM
    To all the physician members of this forum....

    Conrad 30 program is up for extension on march 6.
    According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....

    If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
    Hope it passes....any thoughts anyone?




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  • leonqiu
    03-06 01:37 PM
    Gurus, business in my company is getting really slow and everyone is saying that some sort of lay-off is imminent. Although I am actively looking for new job, I find that the timing issue is hard to deal with.

    My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?

    I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.

    Thanks,



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  • ss1026
    06-22 08:08 PM
    Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?

    I asked this question to my lawyer and he said he would including info about both I-140's and they USCIS will chose one. I am not sure what it would depend on but my lawyer is knowledge and he said I would not to pick on. I believe I would get the earlier PD if the pending I-140 is approved




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  • gcformewhen
    09-10 06:59 PM
    Thank you uscisc.

    I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?


    Thanks



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  • surabhi
    06-18 10:01 AM
    I asked the same question yesterday at POE Boston.
    He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.

    So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?

    Thanks a lot




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  • reachinus
    07-18 01:02 PM
    I do not know about the number of recipts#, but if you gave the checks for the applications then most of the banks give images of cashed-check. That image will have the recipt number printed on the back side of check.

    BTW, When did your 485 application/package reach USCIS? June or July 2007

    Yes. You can get the numbers for the cancelled checks as well.



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  • Butters
    04-08 05:30 PM
    Or the Microsoft Office ones...




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  • nquadro
    07-25 03:36 PM
    Ensure that you have at least 90 days between the date you apply for I-485 and the TN expiry date.

    TN is basically a non-immigrant visa so in case she tries for TN renewal after her I-485 has been applied, the TN will be denied. I suggest the 90 day period because you can apply for her EAD along with the I-485. EAD needs to be adjudicated within 90 days by law (I think...assuming that there are no RFE's). That will help in avoiding taking any leave from her job.

    If there are less than 90 days I would suggest renewing the TN first and then applying for the I-485/EAD/AP.

    Hope this helps.



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  • glus
    05-11 06:51 AM
    I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:

    1- How long does it take to convert the B1/B2 visa into an F1 visa?
    2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
    2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?

    Thank you very much for answering!!!

    1. It takes 3-6 months to change STATUS from B-2 to F-1;
    2. Your visa does not get "converted". Your status changes to F-1 if approved. In your passport you will still have a B-2 visa.
    3. If you leave the country after changed status to F-1, you need to go for F-1 Visa stamp in order for you to comeback and continue studies. Risk of not getting F-1 stamp is high for those who changed status to F-1 while in U.S. I never left US after changing to F-1 because my attorney and my International Student advisor advised it was too risky to do so. This is because if US consulate denies issuing F-1 visa, the consulate my also cancel B-2 visa at the same time because both carry non-immigrant intent amongst other factors. You can't just leave for a "few months" and just comeback while studying on F-1. The F-1 visa and related I-20 documents specify how long the program of studies is and you should be attending every semester taking at least 12 credits each semester, with the exception of the last semester, in which you don't have to carry 12 credits as long as after the last semester your degree is granted.

    Hope this helps. It is based on my own experience. Speak to an International Student Advisor at the school which you have selected for more details. Good luck.




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  • Joey Foley
    September 14th, 2005, 08:17 AM
    I added a few new photos in the last couple weeks.

    What ya'll think? Anything decent? Any words at all:o

    Here's the link to my gallery:
    http://www.dphoto.us/forumphotos/showgallery.php/cat/500/ppuser/2136

    Thanks



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  • jsb
    11-01 12:16 PM
    Hello i am running in to issues of how to get address changed. To give you guys previews. We were residing in Chicago till July ending. In August we moved to CT as my wife got a new job there. But since my work location is in IL , I requested my employer whether its possible to work remotely and its ok by law. He said u can change ur residential address and there is no need to amend LCa/H1b as there is no change in work location in my case. Fine for now.

    I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?

    I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.




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  • die_exquisita
    06-03 06:23 AM
    Hello,
    I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!




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  • cr52401
    10-03 08:07 AM
    Forgive me if you already saw that. I did not find it in this forum and it is very good article.

    http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml




    jim
    11-12 01:29 AM
    Hi,

    Answer 1:
    Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.

    Answer 2:
    You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.




    gaz
    09-01 03:26 PM
    Hello,

    My 140 is approved. My H1b is already extended for 3 years.

    1) Can my spouses H1b get 7th year extension based on this?
    2) If not, can my spouse move to H4?


    Thank you.
    gaz



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