Tuesday, June 28, 2011

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  • pranavgandhi
    04-23 08:07 PM
    How employee can retain PD in case of I140 is approved and employee change jobs?
    Would like to know more on procedure also.
    Is there any impact if Employer revokes I140 after employee leaves company?




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  • sanprabhu
    07-27 05:48 PM
    I am not sure if non-citizen, non-PR person can contribute to the campaign's of the federal office candidates.




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  • jsb
    10-29 01:27 PM
    July 2 filers with late receipts (in October), any progress on AP or EAD? I got EADs but nothing else.




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  • frostrated
    02-09 10:29 AM
    yes, your employer can file for a new H1B, but you will have to leave the country and get a visa to work on the H1B. An easier process would be for your new employer to take over the sponsorship of your GC by using AC-21.



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  • Dhundhun
    04-22 02:35 AM
    Anyone facing problem with e-filing also?




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  • jsb
    07-24 03:09 PM
    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!!

    Your question is not clear. H1 is a work visa, H4 is for dependants of H1. F1 is family visa. There are no conversions. You get whichever is applicable to your situation.



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  • Some would call it “HOTT LAVA


  • Blog Feeds
    03-08 01:00 PM
    Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.

    Example:

    LCA start date: 9/1/10

    LCA end date: 8/31/13

    Form I-129 start date: 10/1/10

    Form I-129 end date: 8/31/13

    Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.

    Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.

    Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.




    More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)




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  • mandes
    12-14 01:39 AM
    Guys,

    I was laid off from GC sponsoring employer and my previous attorneys may have withdrawn their G-28. Now I have started working for new employer but have not filed for AC21 yet. The new attorneys have sent G-28 forms (so they claim).

    Now I really want to move from the place where I am living so that my commute is shorter for my new employer and am also having lot of problems in the apartment condo where I live. But my concerns for moving are:

    1) Does submitting Ar-11 online , update the address for your pending I-485 also? I have read few stories on the net that people who moved during I-485 and also updated their address still got an RFE at old address OR even worst the USPS returned the notice saying the person does not live there anymore

    2) I have also heard that sometimes the new G-28 forms does not reach your file and RFE/ NOID may goto old attorneys .

    I have these two concerns because my previous employer is going to revoke my I-140 which is going to result in straight denial of I-485 and even if I need to file MTR I may not get the notice in the mail because I may have moved.

    Is there anyone who has been in this situation or moved after filing I-485 and successfully updates their addresses so that they get any RFE/NOID/Denial at new address.



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  • sdrblr
    07-19 05:41 PM
    not necessarily




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  • pd_recapturing
    04-22 07:40 PM
    Yeah, right, first u need to find out which 140 was withdrawn. If the approved one is withdrawn, u r safe based on the fact that the same 140 was used with 485.



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  • gimme_GC2006
    06-28 03:16 PM
    Employment Letter is a part of the initial evidence. There is a memo recently saying that any missing initial evidence will result in denial of application without RFE. Try to cajole your employer and gather as much evidence as you can about being asked for $$$ for helping you file 485


    well.looks like I am not going to get any offer letter until I pay them $$.
    In which case, I dont need offer letter, as they will file since I will be paying $$.

    :confused:




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  • Not nearly as funny, though.


  • Pravan
    06-13 03:41 PM
    I'm a July 2007 filer going to file for my EAD for the first time. Since I'm currently on H1B, how should I answer this question

    I'm applying for:
    a) Permission to accept employment
    b) Replacement
    c) Renewal of my permission to accept employment

    I think I need to go with option "c" since moving from H1B to EAD would qualify for a "c" response

    Please advise.....

    Thanks



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  • speakup
    08-13 09:53 PM
    Funny :p but unfortunetly NOT TRUE:(


    U.N. Begins Meeting to Discuss Atlanta Labor Certification, Work Conditions in Cambodia
    BSNewswire.com

    The International Labor Organization (ILO) of the U.N. kicked off a four-day regional meeting in Stockholm Tuesday aimed at improving working conditions worldwide.

    "Atlanta Labor Certification (ALC) and the situation in Cambodia remain the most pressing issues we are facing today," Swedish Labor Minister Nils Freivalds, the meeting's chairman, told participants. The participants are expected to endorse The “Missing Application Statue”, a memorial aims at educating the public worldwide about the Atlanta LC tragedy of August 07, when hundreds of thousands of applicants and their families were practically prohibited from applying to permanent residency and gaining labor portability. Those victims might have to wait for several years to get another chance. Atlanta shelved their LC applications for times ranging from 2 months to 2 years while the LC applicants at Chicago where getting results in 2-8 days.

    “This statue is created to remind us of what has happened and what could occur if we forget the past. May the tens of thousands of applicants in Atlanta and their families always have a place in our hearts. And may their suffering not be in vain.” said Freivals.

    This is the second time a UN agency interfere in an issue related to Atlanta Labor Certification. The first time was in May 2007 when the General Assembly voted to prevent the usage of the term “Atlanta Processing” referring to extremely slow and inefficient systems. The term was considered very cruel and inconsiderate toward the victims and their families.

    http://www.bsnewswire.com/




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  • dskhabra
    05-27 04:28 PM
    I had a hard time to get dates in Punjabi for my parents...after trying for many days...finally found some one paid him Rs XXXX and got the desired date time within 1 hour. This is not the right way but I had no other option.



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  • greenguru
    03-01 11:09 AM
    LCA(H1B) is for the Company and not for the Employee.

    If you check your LCA your name will not be there anywhere.

    It just gives
    1.Location
    2.Wage
    3.Date.

    I think you should be fine..




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  • Here are steps to call USCIS


  • harikb
    01-04 07:04 PM
    Hello guys,

    I came to US to pursue masters, and have started working on H1b while working on my thesis in parallel. Meanwhile my advisor did not get his tenure approved, and had to leave the university. So I had to abandon my thesis work, and had to register for extra courses. My employer and the client I work for are okay to let me go to university for 2 months, but my employer did not pay me for the period (no paystubs for this period). So my year-end wages fell short of the LCA amount.
    I know that unpaid leave is not legal while on bench, but since I took the leave while I was actually on a project, does anybody think mine is a genuine case, if there is any such thing??

    I am looking to go for stamping, and is really urgent

    guys please reply

    Hari



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  • viva
    02-08 10:38 PM
    did u already contribute to IV before posting your question? This is not a free organization. Please consider to contribute if your question got answered




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  • VMH_GC
    07-23 07:06 PM
    Gurus,

    can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?




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  • michael peterson
    01-08 03:07 AM
    after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?

    i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"




    dhirajgrover
    04-16 04:31 PM
    Recently, one of my co-worker who was on L1A, requested an extension of his Visa. His employer filed for an L1B instead and did not inform him until after filing it. Now USCIS has sent an RFE. Does anyone know if this can be grounds for rejection of his Visa? Is the employer legally correct in filing a changed Visa category at will without informing the holder? His wife is unable to obtain a driver's license since the Visa approval is pending. Does anyone know if this can be addressed? If so, how?




    webm
    08-28 10:44 AM
    Make sure your spouse has valid AP on hand while she travel to overseas...so that she return using AP at POE..so AP is must at this point as her AOS is still pending...

    Also get advice from your lawyer in advance..



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