Sabado, Hulyo 2, 2011

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  • gman
    08-19 10:11 AM
    the question is about the type of visa needed to enter canada. I have pending I-485 in US but need visa to go to Canada. I have tourist visa for Canada but was wandering if I need to apply for a diferent visa to visit a client of my company for a few days. The reason of my visit is obviously not tourism...

    Does the question make sense?




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  • vnsriv
    07-05 12:50 PM
    Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?

    Thanks




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  • pokiri2008
    02-28 05:04 PM
    All,


    I missed my original I-485. Could any one suggest me how to get the duplicate copy of it from uscis.



    Thanks in Advance




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  • akela_topchi
    01-20 12:42 AM
    Dear Friends

    I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.

    1. he has H1B from current employer (valid till 2009) - Employer1.
    2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
    3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.

    He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).

    Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.

    Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -

    [A] validity of such a stamp on passport -
    Q1. Will the visa stamp (with current employer) be vaild?
    Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?

    [B] Re-entry
    Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?

    Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?

    Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?

    THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!



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  • parablergh
    09-09 02:38 PM
    As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.

    The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.

    You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.




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  • Pineapple
    10-13 10:28 AM
    If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
    Once we have some people, we can plan and set up appointments over the next few weeks.



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  • 485Question
    09-18 12:32 PM
    Feeling bad for not making it. Looking forward to see our heros pics and videos

    Live

    http://dcrally.blogspot.com/2007/09/live-photo.html




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  • raysaikat
    11-18 11:38 PM
    Hi,
    I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).

    Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
    Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
    As far as I remember, you cannot be a full-time student in J1. You need to get F1.
    In case I apply for F1, can I :
    1. Start my classes till my transfer from j1 to f1 is pending

    No, you must get F1 on hand.

    2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?

    Thanks in advance.
    No, you must get F1 on hand.

    In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.



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  • chandrajp
    07-20 02:18 PM
    Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????
    You cannot take a completely different responsibility job. I used AC21. The job has to have same responsiblities and designation can change. Salary can be little higher. I got 485 approved based on this AC21




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  • ramaonline
    01-17 04:44 PM
    GC holders are eligible for unemployment benefits - Check detailed rules on the state unemployment agency website

    http://www.immigration-law.com/Matthew%20Oh%20Blog.html
    search for unemployment benefits



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  • ravicmv
    05-21 09:50 AM
    Thanks for your reply Sir.

    When I was researching for the Labor certification and there were few posts which talks about my prior experience and my prior experience would only be considered for the new job if the Job responsibilities are same and the job title is same.
    I contacted one of the immigration lawyer and I was told that I can expect RFC's about my prior titles and the current job.

    Please advise

    Ravi




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  • ameryki
    05-21 07:46 PM
    FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.



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  • swaroopmukka
    07-24 05:50 PM
    Hello,

    My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??

    Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???

    Thanks in Advance




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  • mrudul_hr
    06-21 12:08 PM
    Hi,

    I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
    Hi Raja, you hve it wrong. You dont have two visas its considered as only one. You have transfered your existing VISA to another employer. An H1 transfer is just change of employer for that given visa.

    So if you are working with two companies at the same times its considered illegal. But you can work partime with your existing company A, ask the company B to approach your company and work on C2C. But dont forget to update USCIS on your parttime work.



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  • martinvisalaw
    07-20 02:02 PM
    Hi,

    1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.


    If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.

    2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?

    I haven't had a problem with H-1B extensions

    3) How much is the H1B renewal fees?

    It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:

    $320 I-129 fee
    $500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
    $1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees




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  • jatinr
    08-10 07:38 PM
    :confused:



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  • jonty_11
    04-11 03:03 PM
    USCIS is the US Govt..You do not tell Uncle SAm how to do their job....!!




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  • marwan234
    08-10 07:57 PM
    they might post it late on friday as they have been working overtime. wait for it. it's weekly....isn't it? maybe tomorrow. they have been working saturdays. contractors love overtime.




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  • andy garcia
    05-22 05:11 PM
    Hello

    I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.

    NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?

    I'd appreciate your help. Thank you

    can I recapture the priority date?
    NO

    PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.




    seahawks
    03-02 09:17 AM
    only if termination is initiated by the employer, not employee. If you resign, the company is not required to provide you the one way ticket to your home country.




    inderman
    09-23 09:28 PM
    Hello All,

    My priority date becomes current as of 1'st Oct 2009... I had created an Service Request 2 weeks back to check with NSC if it has been preadjudicated or not...

    Here is what i received as an email response to the Service Request today-


    The status of this service request is:

    The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

    Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.

    Questions:

    1. What am i supposed to do now?

    2. I remember seeing a Memo back in Feb 2008 which stated that 485 can be approved after waiting for 6 months for background check and not more than that.


    Please let me know if anyone else has received a similar reply in Sep 2009... Any thoughts are highly appreciated...


    Thanks for all your help... These forums and community has been a great help all along!
    -Inder



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