Wednesday, June 29, 2011

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  • maya79
    08-26 09:48 AM
    Thanks for your reply. By B1 Visa, I meant that I will go to client side and understand the project and meanwhile my employer will file my H1 Transfer. and on B1 I wont get paid.

    I have seen the giuys who come on B1 from their Indian Offices for 1-2 month period.

    Suggestions are really appreciated since client is not agreeing to extend the joining date and that the only criticality I have in my situation.

    Any Experience is highly appreciated.

    Thanks




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  • ranand00
    06-17 10:51 AM
    Hi
    My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
    Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
    If there is a problem in stamping can i return on the old visa stamp.
    Thanks
    ANAND




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  • americandesi
    09-06 05:22 PM
    Hi Guru's Kindly Respond. If I do this will there be any impact on my 485 Petition process?

    Refer http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD




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  • aries
    08-29 05:35 PM
    any thoughts guys....



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  • summerpolice
    03-18 10:46 AM
    I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.

    please shed some light on this.
    Thanks




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  • smrryl
    01-07 09:19 AM
    Hi,

    I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
    Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.

    1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
    2. Had to visit india and need to go for stamping, how is mexico in my case?
    3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?

    Thanks in Advance.

    smrryl



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  • vsuri
    11-05 03:44 PM
    I applied to Texas Service Center for renewal of my AP. E-filed on 8/25. Approved on 11/5.




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  • no_more_anger
    09-22 02:37 PM
    Folks,

    My wife needs an EAD to apply for medical residency in the US. We have our EAD application pending (receipt date Aug 27th). We know we will get our EAD eventually. But the problem is more complex.

    For medical residency, programs call candidates for interviews in Nov/Dec. So they start offering interview slots in Sep/Oct timeframe. If you don't have an EAD card or EAD-approval notice, they will not even consider you. They don't care if you say that EAD will definitely come by Dec (or something like that).

    We tried our local congressman, but even he said he couldn't do anything
    until the 90-day processing time had passed. We tried the local INFOPASS office and submitted an expedite request, but that got denied.

    So we are urgently looking for ways to get my wife's EAD ASAP. If we don't get the EAD in time, my wife will lose an year and in medical residency, every year you sit at home counts (against you).

    Does anyone here have any ideas what we can do ! Note: This EAD is needed for *education* purposes and not for *gainful* employment.



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  • number30
    05-16 08:06 PM
    Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
    An estimation will be much appreciated thank you very much.

    I cannot give you any estimation But my question is why can't you file I-485. Any one who pending marriage based I-130 should be able to file I-485. Double check this with another attorney.




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  • ewapu
    03-11 08:15 PM
    hey i got 2nd one from the NSC. Is it happening with many people??

    wat r the chances if handled carefully???

    please share your advice nd experiences. thanks a lot



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  • purgan
    02-04 12:58 PM
    I have heard if one leaves the country while AP is being processed, the application is considered abandoned.

    My lawyer specifically stated this.

    This is an interesting twist..anyone else care to comment?




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  • eb3retro
    05-25 08:29 AM
    My opinion - Check this with a lawyer. Seems to be complicated. Not sure if there is anything against the law done by you /your company (that affects you). Thats why the need for a good lawyer to understand the details in the case. All the best!!!



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  • sammielee
    07-01 01:38 PM
    I already had my meeting for permanent residency and it remains pending until I submit to them a more detailed version (the long form) of my birth certificate. They did have my original but it was not the one they wanted and I was unaware of this until the end of my meeting. I have been given a deadline and although I have applied for the certificate that the US immigration wants, it has not yet been delivered. The hold up has not been with me but with the government offices that process the certificates so there has been nothing I could do. The deadline is fast approaching - I'm concerned that they will toss out my whole claim (as was indicated on the notification they gave me) if I don't get it to them on time. Will they allow me and extension on the time? I am not working through a lawyer. Thank you.




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  • enggr
    12-07 09:52 AM
    hi beta-Mle,
    check the oh law firm immigration-voice website. I believe they have the PDF link



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  • desi3933
    04-02 08:44 AM
    Gurus,
    I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.

    My GC is in process and not filed my I-485 yet.

    Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback

    Thanks

    No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.

    Time spent on H4 or L2 does not count towards 6 years for H-1B.

    As per 8 CFR 214.2(h) (13) (i) (B)
    When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad



    ________________
    Not a legal advice.




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  • _shoonya
    07-13 12:58 AM
    Yes, as per current law you can get SS benefits after retirement age even if you do not have a GC and even if you are not residing in US. The only requirement is for you to have 40 SS credits.

    However, given the current state of SS, it is quite likely that rules might change over next 5, 10, 20, 30 years.



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  • meridiani.planum
    04-18 02:40 PM
    inline...

    hello experts..

    My husband and I are working on H1B visa.My husband has filed for Green card..

    Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
    if 6 years on H1B are over??

    None. to extend your H1 you need your own employment-based-GC process. But if you have alreayd filed I-485, you dont need an H1, you can continue working on an EAD based on his green card process.

    If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
    for visa extension?

    If your company is willing to continue your GC (unlikely if you lose your job there) then you can get extension while that LC is valid (labor remains valid for 180 days, during which an I-140 must be filed). If you get past I-140 approval with this company, then you can use taht I-140 for extensions as long as this company does not revoke the I-140.

    If I join another company do I have to have again labor cleared to get additional visa extension
    at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?

    Yes, you would need to restart the labor unless the previous company gets to I-140 approved stage and is willing to not revoke it. If you get I-140 with current employer, that priority-date is yours for future GC applications also. If you dont get to I-140 approval, then the date does not carry over to the new GC application
    Many thanks..




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  • desi3933
    02-24 10:58 AM
    Currently my wife is on H4

    I'm planning to file H1 for my wife ....

    How can you file H-1B for your spouse? Please explain.




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  • kshitijnt
    04-17 07:13 PM
    Hello,

    I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.

    1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
    2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.

    Thanks,
    Gaurav



    Hi Gaurav-

    I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.

    I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.

    My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.




    stuckinindia
    10-22 11:29 PM
    Hi,
    We have been checking the website and still shows "Pending Administrative processing"




    dassumi
    03-02 04:54 PM
    I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

    That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer

    I would consult an attorney, let me know if you need one and I can get you in touch with mine.



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