Friday, July 1, 2011

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  • gcformeornot
    08-08 09:48 AM
    My check bounced...I did not have enough money in my bank account. What to do? I am so confused.

    most likely it will come back.




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  • CADude
    09-25 01:56 PM
    You never know which one will click. I got standard reply and some info. But still it's btter than doing nothing.

    Please look "July 2nd - No Activity" tread for more details.

    Good Luck.




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  • kondur_007
    05-15 08:42 PM
    The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.

    I second that.

    As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.

    Good luck.




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  • muralip
    09-11 04:55 PM
    I am waiting for my EAD receipt and also my I-140 is not cleared yet.

    I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.

    I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.

    Please suggest..



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  • anilsal
    03-13 10:59 PM
    that is available to applicants in research (such as doctoral students).

    Murthy.com has information here:
    MurthyDotCom : Employment-Based Immigration (http://murthy.com/eb1opr.html)

    Additionally, you can always apply in EB1 Extraordinary Ability if you have outstanding qualifications (almost matching that of a Nobel Prize Winner or you are the top of your industry).

    EB1-EA tips (http://bit.ly/dophyK) (<= Look here for tips)

    Just a mere Doctoral degree does not get you qualified for EB1. You need the publications as well as recommendation letters from industry experts. :)




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  • venky321
    08-16 01:17 PM
    The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.

    It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.



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  • GCHope2011
    06-25 08:10 AM
    If the cruise goes outside of US territorial waters, everyone on the ship needs to show eligibility to re-enter the US on return. This is true even if the ship does not make any port call in a non-US territory.

    In your case it looks like the ship even makes a stop at BC. Irrespective of whether the ship makes the stop or whether you get out of it or not, the fact that it goes out of US waters is what matters.

    So yes, you will have problems coming back if you go on this cruise.

    You can however fly to Alaska and come back (like a domestic flight) without any problems, as long as it is a non-stop flight from the US to Alaska (no stops in Canada).




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  • sw33t
    10-10 04:55 PM
    /\/\

    Bump if you are going to dial-in.



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  • sandeep_1
    07-19 02:21 PM
    oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.

    My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...




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  • NyteStarNyne
    02-26 12:19 AM
    Really great design Onesimus.

    Although, I wonder if you're breaking kirupa's 1st commandment :lol: (1. Entries must not contain controversial (offensive, politcal, religious, etc.) content.)



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  • a1b2c3
    08-21 11:51 AM
    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Should we use this facility? Has anyone used it before? Inputs appreciated.




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  • immilaw
    09-13 01:21 PM
    I don't see a reason why premium processing will lead to rejection. Certainly that is not the case with H-1B. Infact 2-3 years back H-1B premium processing had 0.5% higher approval rate than regular H-1B.



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  • ssdtm
    11-20 11:00 AM
    - If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)

    AND

    - Also maintain the current H1 (I will continue part time work here to get minimum wage)
    - Will continue my GC process with this co


    I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.




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  • looneytunezez
    11-02 12:19 PM
    Thanks...but i agree with your paralegal friend.......there is no logic to it all.
    logic and law are not usually on "friendly" terms....
    i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.


    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..



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  • vivek_k
    08-13 01:24 PM
    a2p is ability to pay
    Thanks Ravise! Is that a question about the ability of the employer's ability to pay?




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  • swetha00
    09-12 02:43 PM
    Hi all!
    Thanks a lot for the information...



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  • neerajkandhari
    05-23 09:19 PM
    I am wondering how anybody can employ her without SSN


    you can apply for SSN with ead card and approval notice




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  • Blog Feeds
    10-06 01:40 PM
    I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.

    More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)




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  • vikramy
    12-22 01:20 PM
    I did same 4 years ago. You can travel while your H1B transfer is pending.


    1. Can I visit india while my tranfer is pending...???
    Yes you can.

    2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

    I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back

    3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

    I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa




    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.




    Blog Feeds
    08-12 09:50 AM
    There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.

    How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

    But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.

    These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.

    Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)







    More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)



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