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Tuesday, June 28, 2011

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  • martinvisalaw
    01-11 02:35 PM
    If you will be getting any benefit in the volunteer position, such as experience in your profession, contacts, or other vocational benefits, I would not consider it appropriate H-4 activities. Even if you are not being paid a salary, you are getting a professional benefit and that is a reward.

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  • rajenk
    07-22 01:29 PM
    The old I-140 is all valid. The only thing that you are taking is the date. When your new I-140 is approved and you interfile with I-485 then you request USCIS to take the new I-140 instead of the old one. Also if your new I-140 has problem at that stage (even after approval, some time it happens), still the old I-140 is valid.

    Good luck

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  • desi3933
    01-14 12:02 PM
    My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.

    Thanks to any suggestions.

    >> Now she's planning to take a break and change back to H4.
    File for change of status to H4.

    >> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
    Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.

    Not a legal advice.
    US Citizen of Indian Origin

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  • maitabasa
    07-26 10:05 PM
    I obtained an H1B visa through Company A (starting October 2008) and the H1B visa was valid until September 2011, unfortunately in March 2009 I was laid off. As a result to maintain my status I switched from an H1B visa to a B1/B2 visa. I actually went to my home country and got the visitors visa from the consulate in my home country. In July 2009 I returned to the USA and entered the USA as a visitor on a B1/B2 visa.

    My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?

    Thank you.


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  • gparr
    December 8th, 2005, 03:48 PM
    What Don said.

    PEOPLE in MIDWEST [Archive] - Immigration Voice

    View Full Version : PEOPLE in MIDWEST

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  • anurag
    04-05 11:19 AM
    My wife went to US consulate in Kuwait for her H4 stamping on Feb 18th. During the interview she was informed that some administrative process on their end was not completed and asked to pay for the DHL service and was told that she would be contacted by DHL who would collect her passport, get the visa stamped and return it to her. She was also told that it should not take more than 2 weeks.. On her application form, the interviewer wrote NO PIM.

    Since then it has been a harrowing time for us. It has been 6 weeks, since then and we still have not heard anything. We have tried contacting the consulate using phone, email and at times my wife personally went to the consulate but she was not allowed to enter. We do not hear anything back from them.

    I can understand a couple of weeks, but now its more than 6 weeks and counting. We have already cancelled her and my son's flight tickets once. We have rescheduled my son's doctor's appointment. This delay is having a domino effect on our lives.

    My question is - Is there anything that we can do to expedite this process.

    Thank you looking at this thread


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  • p_t_smiles
    June 7th, 2005, 08:33 PM
    Finally figured out the milky water effect. Whatcha think?

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  • a_tyagi26
    01-14 11:39 AM
    I think it will not be under new quota. She can use same number.

    This is just my understanding, do consult attorney for accurate information.


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  • kcforgc
    04-09 08:55 PM
    I'm on currently on H1b (NO EAD). I'm applying for another job with a different company and came across the below question in thier Job Application. I don't know if the other company is willing to transfer my H1, but I would like to apply and prove myself in the interview.

    If hired, can you submit verification of your legal right to work in the U.S.?

    Should the answer be YES or NO? Can my current H1 be used as a proof of legal right to work???

    I'm also required to acknowledge the below statement as part of the application.

    I am aware that, as a condition of employment, if employment is offered, I must be authorized to work in the U.S. and demonstrate that authorization as required by the Immigration Reform and Control Act of 1986.

    Appreciate if anyone of you can clarify this.


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  • go_guy123
    06-30 12:45 PM
    Thomas Friedman has a great op-ed piece in today's NY TImes that emphasizes that the US is going to have to innovate like crazy if we're going to emerge from this recession on top. And a liberal skilled immigration policy has got to be part of our strategy. Here are some of the key quotes: I still believe that America, with its unrivaled freedoms, venture capital industry, research universities and openness to new immigrants has the best assets to be taking advantage of this moment � to out-innovate our competition. But we should be pressing these advantages to the max...

    More... (http://blogs.ilw.com/gregsiskind/2009/06/friedman-invent-invent-invent.html)

    Yes, doesn't Thomas Friedman belong to the category of people who believe in flat world ?


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  • maristella61
    05-01 05:52 PM
    what's up with that !?!:confused:

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  • here4gc
    04-17 12:37 AM
    I was recently invited by a fellow worker, who is spanish ( I am desi ) - to an event organized by CHIRLA - the Los angeles (http://www.chirla.org/) - Colation of Humane Immigrant Rights of Los Angeles. It was a fund raiser - with Fun, a few bigwigs were also present and people were paying $100/person to enter. Although this was a glitzy function with girls in gowns and guys dressed up in party wear..with drinks and lights etc..the gathering was all spanish, and there were many families as well as lot of college kind / working youth were there...

    This gave me an idea about IV and how IV is now a known organization, both within the immigrant community and now also in the USCIS as well as with lawmakers and AILA, how about organizing a fund raiser in DC - invite AILA, maybe Rajiv Khanna and maybe someone from the CIS community. It can be a good platform both for IV to make an impact as well as generating funds and interest in what IV is doing.

    Maybe have these people spend 10 minutes each on the stage, with some good grub (sponsors can be approached) and maybe light drinks (not sure) - but all in all a nice atmosphere and a forum to help us not fight with USCIS but to make them understand and appreciate our pain.

    I know we have done this in college and all, but a 10 minute short play by the Immigrant community (DESIS) - should be fun as well as an eye opener to these guys..

    Guys, don't shoot me down..its just my humble suggestion, however if you guys think differently I am fine with it. I just expressed what I felt but it is for everybody to decide.


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  • optimystic
    10-12 07:10 PM
    We got our EAD cards today.
    We had gone for FP on Sept 19th and saw LUDs on Sep 20th on our I-485s. But the EAD cards came without our fingerprints. EAD cards came from the same Service center (Nebraska) where the FP notices came from. So wondering, how they did not include our fingerprints in the EAD card?? I had also checked with FBI helpline two weeks back and verified that the FPs were delivered to USCIS.

    Anybody else in similar situation?

    July 29 filer, Nebraska
    I-140 approved from Texas , Jan 2007
    EB-3, PD: May 11 2001

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  • vrkgali
    02-25 01:50 PM
    Is good ..

    Suishta Saigal
    Attorney at Law
    Madan & Saigal LLC
    358 Fifth Avenue - Suite 704
    New York, NY 10001


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  • Blog Feeds
    11-08 03:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    Former Secretary of State and advisor to two presidents, Condoleezza Rice, addressed the San Jose Silicon Valley Chamber of Commerce earlier this week at their annual fundraiser. She warned about the need for immigration reform (http://www.mercurynews.com/breaking-news/ci_13717697), explaining "The United States of America had better reform its immigration policy to make sure that the most ambitious people in the world still want to be a part of us. We are a society of immigrants, and if we ever think that we can close our doors, we will suffer the same fate of those in Europe and other places."

    As an immigration lawyer, I have posted before about the need for our immigration laws (http://www.siliconvalleyimmigrationlawyer.com/2009/10/immigration-laws-must-allow-th.html)to encourage the world's best and brightest to come and stay in the U.S. As for Europe, many European countries have far stricter immigration laws than the U.S. While I don't know what the sorry "fate" is that Former Secretary of State Rice was alluding to in her address, stricter immigration laws are not the answer to raising the U.S. out of its current economic downturn and high unemployment.

    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/condoleezza-rice-advises-silic.html)

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  • harikb
    01-04 07:04 PM
    Hello guys,

    I came to US to pursue masters, and have started working on H1b while working on my thesis in parallel. Meanwhile my advisor did not get his tenure approved, and had to leave the university. So I had to abandon my thesis work, and had to register for extra courses. My employer and the client I work for are okay to let me go to university for 2 months, but my employer did not pay me for the period (no paystubs for this period). So my year-end wages fell short of the LCA amount.
    I know that unpaid leave is not legal while on bench, but since I took the leave while I was actually on a project, does anybody think mine is a genuine case, if there is any such thing??

    I am looking to go for stamping, and is really urgent

    guys please reply



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  • Prashanthi
    07-31 05:05 PM

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.


    If you I-140 is approved you can port the priority date of your old I-140 to the new EB-1 I-140. You might not need to go through this trouble if EB-1 is current.

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  • nixstor
    03-27 03:13 PM
    You would send the needed paperwork and she will appear for her visa. You wouldnt need to be along with her unless you are already out of US and has a expired visa.

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  • eron19
    09-14 09:48 AM
    thanx alot. so i guess theres no way to position it with precision? ok....thanx 2 both of u.

    05-29 10:38 PM
    Just FYI,our
    You can also extend the H1b...if your labor is filed 365 days prior to your H1b expiraton...
    You are looking atleast 21 months into future...there are so many things that can happen...
    140 rejection may not be an issue... but in case your worst fear comes true...you will be alright if it's rejected before feb 2008.
    Even then there are other ways around this problem...

    Cheer up...

    Thanks for the reply. Did you mean if it's rejected before feb 2009? Does this hold true if this is a labor substitution case?

    02-03 07:57 AM
    One lost his job and opted for subsidized COBRA. After one month he got job from small company. New employer does not pay for health insurance and insurance premium is more than subsidized COBRA premium.

    In this case, Is it ok to continue using subsidized COBRA even after getting new job?


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