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Wednesday, June 29, 2011

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  • martinvisalaw
    04-09 02:07 PM
    The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.





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  • Intel
    10-05 01:32 PM
    I am currently working on campus, on one of the buildings, employee of the CSU system.





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  • okuzmin
    06-04 08:16 PM
    I had a similar situation, and I had to change the employer and start all over again. However, your situation looks much better than mine. I was trying to find a lender to vouch for my employer, but that didn't happen. Your employer, on the other hand, has the lender. I believe you should be fine. The only area I'm not sure about is the period of time you didn't work for the health reason. This one I would consult about with a lawyer, since you are supposed to be employed while on H1b, or else you're out of status. There may be certain exceptions (like health-related issues) in the law.





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  • waitin_toolong
    10-26 06:27 AM
    you have to wait for the transfer to be approved or reenter USA with H1 stamped to start.



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  • amdn123
    02-04 05:55 PM
    I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.





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  • snathan
    05-15 10:40 AM
    There are many people from Canada Commuting daily on H1. So it should be OK.

    Are they also getting new I-94 every time...:confused:



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  • gc_chahiye
    09-19 05:21 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?

    yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.





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  • interfile
    08-26 05:51 PM
    Can somebody post the procedure and/or the sample/format of a letter to USCIS requesting to interfile?

    Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?



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  • dellmunna
    04-21 10:52 AM
    i am getting less then in my LC but same position.





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  • ujayra01
    07-18 08:29 PM
    you are correct .

    You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case

    Thanks for your reply.



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  • snathan
    05-16 12:32 PM
    Hi,
    I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
    Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.

    Pls reply

    Yes...you will be out of status during that period.





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  • sammyb
    04-15 05:20 PM
    What was your own LC PD? Nothing personal just out of curiosity...


    LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.

    I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.

    Best of luck you all.

    Had 1 Soft LUD on Jan 31 on 485 application.

    USCIS is doing a great job thank to IV to make these possible.



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  • tnite
    06-18 04:08 PM
    Hello ,
    We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
    My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.

    Do I have to fill out a seperate I-485 form for her ?
    Do I have to fill out a seperate I-765 form for her ?
    Do I have to fill out a seperate I-131 form for her?
    Do I have to fill out a seperate G-325 form for her ?
    Do I have to file the support affidavit(I-864) for her ?

    Please do take time to answer .

    Thanks

    you have to fill separate forms for yourself and your wife
    in your wife's application , a copy of approved I140 or pending receipt must be included and also the I -864

    Marriage certificate should be in both the applications.





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  • Blog Feeds
    11-30 03:21 AM
    The H-2B program is critically important for many businesses that have difficulty finding U.S. workers to fill temporary jobs. This is particularly true in seasonal industries. Comments from H-2B employers attest to the need for foreign workers in physically demanding seasonal jobs, often in remote locations, that many U.S. workers will not take.

    The H-2B nonimmigrant visa (http://www.h1b.biz/lawyer-attorney-1137785.html) program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for "temporary" agencies or other work placement agencies.

    In order to learn more about employers� perceptions of the H-2B program, ImmigrationWorks USA and the U.S. Chamber of Commerce conducted a survey: five short questions distributed among H-2B employers in July and August 2010. The survey asked how many H-2B workers the company had hired in the last three years and what types of jobs those workers held. It included two open-ended questions about the benefits of using the program and asked what if any problems employers had experienced.

    Another open-ended question asked what employers would do if they were not able to hire H-2B workers. Participation was voluntary, and results could be submitted via email, fax or the internet. A total of 367 employers responded. The majority of H-2B employers who responded to the survey noted that temporary foreign workers are reliable and hard-working. Many also praised these workers� productivity: a benefit that offsets the cost of bringing them into the United States. Respondents appreciated that H-2B workers were willing to work seasonal jobs and then return home when the season ended.

    Important benefit of the program is that it offers companies a way to hire foreign workers when U.S. labor markets tighten. The program increases labor market flexibility by allowing businesses to bring in foreign workers when U.S. workers move up to better, higher-paying jobs during economic expansions.

    To read the entire report about the economic impact of the H2B program, click here (http://www.immigrationworksusa.org/uploaded/IW-Chamber_H-2B_report.pdf)







    More... (http://www.visalawyerblog.com/2010/11/h2b_visas_are_great_for_our_ec.html)



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  • amitk81
    07-15 11:52 AM
    Hey I got a phone call last evening, my lawyer advised me to cancel the appointment and use my AP and EAD instead.

    She advised to go to India and get my H1B stamped in Dec (which I might end of doing anyways).





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  • ras
    04-12 07:27 PM
    I don't remember the amount of fees submitted while filing I 485. However the filing was done after the July fiasco (Aug 2007). so whatever rates were applicable after Jul 2007 that must have been the fees that has been sent.

    So in that scenario, is it just okay to send the AP application with out Fees?

    How are you July Filers applying for AP? Are you sending in the check for the AP fees too?



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  • Anders �stberg
    February 14th, 2004, 11:06 AM
    Photoshop - the Clone Stamp tool to the rescue...
    ...would you notice the editing if you didn't know about it?

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  • bugsbunny
    03-24 03:29 PM
    i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
    There is a lot of guidance about what constitutes "same or similar"... from USCIS
    There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
    Hope this helps!





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  • ras
    05-24 12:27 PM
    Thank you very much for catching this....

    Dont you think this is foolish on your side..





    ramesh-u
    05-20 08:00 PM
    I got approved email within 2 weeks but still waiting for the actual forms.. Just write Expedite on the top of the cover. Again, it depends on the Immigration officer.





    Blog Feeds
    06-03 01:20 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) has announced (http://www.aila.org/content/default.aspx?docid=32094) that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.

    The forms scheduled for the transition include:

    I-140 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition for Alien Worker;

    I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Petition for Alien Fiance;

    I-539 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129)

    I-526 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79a7105b5904d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition by Alien Entrepreneur;

    I-817 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8eb3d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)

    This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.





    More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_improving_consistency_an.html)



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