Thursday, June 30, 2011

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  • gc4sk
    06-24 06:40 PM
    If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.





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  • pd_recapturing
    06-28 09:31 AM
    A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
    Do you know as to why it got denied ?





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  • mp70
    07-01 03:41 AM
    We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.

    What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.

    Thanks. MP70





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  • starscream
    09-10 09:40 PM
    Friends please see situation below:

    My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.

    I got experience letters from 2 of my previous employers as proof of experience:
    Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
    Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.

    Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.

    There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.

    Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???

    Thanks



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  • bayarea07
    07-21 09:30 PM
    A quick question for all you experts out there

    My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
    Can anyone please reply.





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  • Alien
    03-17 04:50 PM
    Yes you can but your H1 will be invalidated and you wont be able to work with your primary job legally ( I think).



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  • Scythe
    10-28 10:09 PM
    It's not uncommon for text to be cut off when put inside a path. Perhaps the rest went missing and you didn't realize it since it all just looked like a bunch of binary code to you. It certainly does to me.





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  • intelarv
    07-29 02:52 PM
    Hi,

    This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.

    If some one has the format currently required by USCIS, please post it.

    Thanks



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  • theMan
    01-14 12:17 PM
    No issues on both fronts as long as you have adhered to the terms and conditions while obtaining the Canadian Visa. I had similar circumstances in the recent past.
    A factor to consider is the unpredictable time spent at the secondary inspection when returning. I am not sure how that will work when you drive across the border.





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  • gccovet
    10-07 12:45 PM
    please help.



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  • snathan
    01-11 02:34 PM
    Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.

    If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.

    This is what my experience...





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  • ValleyCoolie
    02-22 08:28 PM
    This is going to be interesting.. Finally someone speeking about legal immigration..

    The description says its about people getting their citizenship in time to vote. I doubt if they would talk about EB, backlogs, and the plight of honest-tax-paying H1B people.

    http://www.cnn.com/CNN/Programs/anderson.cooper.360/index.html



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  • pani_6
    04-30 11:49 AM
    This site has been a hope for lot of us in dark tunnel..sometimes the only hope..From couple years now...
    Thank you immi-law for all you efforts...!:)

    Time for gratitude ...





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  • royus77
    06-26 01:25 PM
    My H1 for 3 yr Ext got aPPROVED TODAY



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  • gsk0422
    07-01 10:39 AM
    Hey, my friend just got admission in a college and since she is not a US citizen or permanent resident. So, she needed a co-signer who is one but unfortunetly she couldnt get one cuz no one other then your own family member will trust u and sign and affidavit or co-sign a loan. Now her aunt who came with her husband on his work visa,been living for 9 yrs, recetly went out of status(I dont know the reason as its personal) has bank account and of course some savings. So my friend's aunt signed the Affidavit for my friend that was required by the university in order to process the student visa. Now after the application is filed, my friend is worried and maybe you can help her answer the questions. Her english isnt so good so Im going this for her(thu mine is bad too :)

    -I do know one thing that if a person getting a student loan is not a US citizen/permanent resident she/he would need a co-signer who is one and I also know that for sure that the loan agency check the credit history of a co-signer. SO,since my friend's aunt isnt a permant resident or a US citizen(she is out of status in fact) so she cannot be my friend's co-signer for the student loan BUT what about Affidavit?
    do the Immigration check the backgound of the person who signed the Affidavit,attached with her bank statments, for the student visa process or they mainly will check the student's background? my friend is concerned as she doesnt want her aunt to be in any trouble!





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  • a_yaja
    03-02 09:09 AM
    Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
    Hope this helps!!

    My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.



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  • rockstart
    09-19 12:35 PM
    I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.





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  • gc_check
    06-24 06:44 PM
    If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.

    You can apply for I-485, Even if I-140 is pending. Talk to your employer and use this opporturnity to get I-485 filed asap.





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  • tdasara
    03-19 08:34 PM
    Instead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21

    My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.

    Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?

    (My role is strictly IT related and also assist in Data Analytics).

    My immigration lawyer is yet to respond.





    ramausa
    09-04 05:13 PM
    thanks for your reply.what do you mean by consular processing?
    could i do anything to retain my L1 visa status?
    my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
    pls help.





    leo_loco
    06-28 02:42 PM
    Hi:

    I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

    If yes, then how does it work? I mean is it possible at all?



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