Friday, July 1, 2011

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  • cbpds
    05-24 02:30 PM
    hi,

    I am planning to extend the visitor visa for my mom for another two months.
    Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.

    If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?

    2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?

    Appreciate your answers

    Thanks




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  • babaiimmigrationvoice
    05-31 06:59 AM
    Hi Attorneys,

    Recently I have filed my H1B petition . However due to some emergency I need to quit my current organisation (Company A) who has sponsored the H1B . My questions are :

    1. Would there be any adverse effect if in future Company B files H1B for me ?
    2. What generally happens if I file H1B and am not able to attend the interview ?
    3. Is there any way Company A can revoke the H1B petition after I resign before H1B interview ?

    Would appreciate a quick a reply .




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  • arlysanb
    02-15 09:01 PM
    My application for an H1B change of status has been denied. I am an F-1 student from Colombia and I was offered a job from THe CDC at Atlanta. According with the USCIS report, the petition was denied because I am going to be hired for a staffing company and not directly for the CDC. It will be possible to appeal the desicion ? If yes, what will my sponsor company need to be succesful with this appealing ?




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  • mk1039
    05-04 07:48 PM
    I am in similar situation. need to change LCA location after start of project.

    is it safe to do that after the start of project or do i need to quiet the job ? any idea



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  • shahpeerally
    12-04 09:17 PM
    Re: #1

    Good question.

    The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
    The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.

    Re: #2

    Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."

    Section 2.5 should be "c."




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  • tpr
    02-17 07:04 PM
    Thanks to All :)



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  • kirupa
    05-09 12:16 AM
    I really like your 3rd and 4th stamps faster :) It's no bother at all. I add stamps every Wed/Fri, so it only takes me about 30 mins to get all of the stamps added up from everyone!




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  • LondonTown
    04-26 07:37 AM
    Some officers add 10 days to I797s date some do not. It is not an error, you are good.



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  • BhaskarEB
    09-13 06:39 PM
    I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
    After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
    I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.

    Questions:
    Please advice if I qualify for EB2 and if so will there be any issues ?
    Please advice if I qualify for EB3 and if so will there be any issues ?




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  • ca_immigrant
    07-29 02:01 PM
    It's very painful to deal with these guys at times.

    I also tried asking a finance broker about this and never heard back...

    Have you tried apporaching another bank or some broker ?

    (I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)



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  • desp_gc
    03-12 08:02 PM
    I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...




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  • MrWaitingGC
    05-19 11:29 AM
    If your company pays for there own lawyer then go ahead and change it to new one. As the response from lawyers will be fast. And you can avoid big expenses if you retain earlier law firm. Keep in mind Lawyers charge for each and every thing they do.

    I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)



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  • krish2005
    12-04 02:41 PM
    Just some hope. But if the trend maintains then they will have lesser pinch on the H1 processs. Hopefully that will help improve GC process as well.

    :D




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  • evildrummer
    04-01 11:33 AM
    I got matched to the penguin counter :h: WOW!!! I get to move to the antarctic!

    I am not endorsing our relationship!



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  • wwwwww
    03-28 05:17 PM
    Because of weather only.




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  • dc2007
    08-08 08:53 PM
    I have a peculiar issue. I was working with a company from 2000 to 2004 on H1B and then went back to India for good. During that period I applied for Labor.

    I joined the same company again and came back to US in Feb 2007 on new H1.

    Now I am applying for I-485 for myself, my wife and daughter. My lawyer is saying that I have to fill I-134 (affidavit of support) also. But my salary is around 55K and I don't have much balance in bank. Its around 2-3 K only.

    My question is, can I show assets/money from my Indian bank. I have talked to a CA in INdia and he will prepare a statement for me.

    I am not sure if I can use that in I-134 or not. Can anybody has done that ?

    Any help/suggestion would be appreciated..

    Thanks and Good luck to all



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  • foobar2001
    08-02 01:50 AM
    hi,

    i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
    1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.

    (a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
    if AoS is pending, then its valid till the AoS case is decided?

    (b) If the validity is 1 year, what is the process for extending the I94 validity?

    thanks for your time,
    -andy




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  • Jeff Wheeler
    10-11 11:38 AM
    If not, it's a funny coincidence.

    More, it's funny that he didn't understand the reference in the post. :P




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  • roseball
    01-13 03:15 PM
    My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

    I have EAD with the same employer but not using.

    Is anybody in the same situation?

    thanks

    Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.




    rajeshalex
    06-08 10:25 AM
    I would suggest to plan in 3 months advance so that you can send all the documents from usa, prepare documents in India and planning the trip.

    If anyone needs a B1 visa frequently asked questions and answers pls send me a PM.

    Rajesh




    radhagd
    03-17 11:40 AM
    Hi,

    I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

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

    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
    2. What are the documents needed from employer A, if I want apply I-485?
    3. All my friends telling me, I can apply I-485, Is it true?

    Tons of Thanks,
    Ramkumar


    No you cannot apply I485 in company B. when your PD is current if you go back to your Company A , then company A can file I485.



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