Wednesday, June 29, 2011

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  • immigration1234
    02-06 01:53 PM
    Well, I work for a home builder. Mechanics liens have become very common these days. Please make sure that you have an attorney who can really go through all the paper work. Its very important in such a very volatile home building industry. The title company can run a title search or a lien search on the property to make sure that there are no liens on the property at the time of closing.

    Be Careful now than sorry later. If they lien your home even the law cannot help you!

    All the very best to all the new home buyers!




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  • shimul99
    08-29 06:58 PM
    Last week i received the letter about my RFE for my I140 which they received on Feb 8, 2007. I'm a EB3 category from Bangladesh.

    USCIS requested for the tax information of the company
    My W2 for last year and
    My Pay Stub....


    Is there anything else extra i have the provide. do i have to worry about anything towards my approval or this is just a regular process to go through.




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  • number30
    11-01 11:00 AM
    Hi,
    My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
    H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
    RFE required me to provide Tax returns, company wage report and employment agreement.
    Can any one suggest what are my available options.
    How long I can stay in US?
    My lawyer is still waiting for the denial letter for more details.

    Thanks

    Apply for MTR it will give some time.
    There is no grace period for stay. But any thing less then 180 of overstay is excused based upon your difficulties. But if you cross 180 days then you cannot enter US for three year. (Search for three year ban)




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  • gc_kaavaali
    06-19 03:56 PM
    Hi Guys,

    One of my friend is working on L1 visa in chicago. He has approved H1b from last year. He is planning to go for stamping in mexico. Question is, After H1B stamping can he work for same company on L1? Forgive me if it is stupid question.



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  • scorpion
    07-11 11:49 PM
    If you have provided your email in AR-11 then you will get confirmation.




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  • CRAZYMONK
    07-26 02:15 PM
    If the petition is approved under Consular Processing then they need to leave the country. Other wise no. The reason for Consular Processing would be not maintaining the status continuously.

    If you get I94 along with the approved H1B then you are fine. If not, you need to leave the country and get it stamped. Your other friends might have not got I94 along with their approved I94



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  • immigrationmatters30
    07-27 08:05 PM
    Thanks Ramba. But do you think it is going to trigger an audit since we already filed the application with "No".




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  • werc
    04-04 01:54 PM
    Smmri,
    You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.

    If you need a reference ,PLease refer to the AC21 provisions.


    I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

    Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?



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  • amitga
    01-15 09:18 PM
    Atleast they should allow that.




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  • nousername
    03-06 07:01 PM
    To best of my knowledge, a person on EAD (probably not the primary candidate) can work for anyone.. It can be City, State, Federal or McDonald's at any position, part time or full time, provided the job does not involve any government classified information. Jobs involving classified information are only for citizens that too after proper background check.

    Primary candidate might work for the government i.e. if job requires skills that citizens don't have and that group has a policy of filing H1's..

    I hope this helps.



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  • nk2006
    04-07 12:25 PM
    Chanduvu,
    TSC online system seems to be still down - I tried adding a new receipt number and its not accepting, I talked to my lawyer and she mentioned that she heard same from a bunch of her other clients. Since my EAD is still valid for another couple months, I didnt try to go for InfoPass yet.

    These days people are getting RFE's left and right and TSC's online system is down just in time :( In many cases it may not be a big deal (to answer the query in time) but having online system updates was useful to prepare for any such thing. Now we have to wait for the letter.

    -nk2006




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  • gveerab
    08-14 12:12 AM
    I got my EB3 I-140 approval after I applied my I-485 with later PD EB2. Our lawyer sent a letter to USCIS, but there is no confirmation from USCIS. Please let me know, if there is any way to check the PD.

    Thx,
    Veera



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  • Leo07
    01-12 06:25 PM
    Quick Question: Is it legal to hold multiple H1Bs, one with Not-for-profit and the other for profit?




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  • rkp27
    09-21 01:59 PM
    yes i had receipt number for 140 but employer was not giving me 140 approval notice and labor certificate approval copy.



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  • harrydr
    03-06 07:28 PM
    As you can see in my profile, my I-140 is approved and i'm waiting to file for I-485. I just went through a position change within my company via the company lawyer. The way the lawyer explained to me was that he did file a new H1-B petition for the new job and also i did receive my I797-A action notice from USCIS.
    The lawyer had to file a new petition (I-129) based upon my approved I-140 and the most importatn action during this process was to phrase the job description in a way that the new job description was more than 90 percent the same as the I-140.

    Moreover, the thing i'm nervous about is that no AC-21 was filed in my case. The lawyer did mention that there is no need to file AC-21 as i have not reached into the I-485 stage and that AC-21 is only applicable after the fact that I-485 has been filed.

    Hopefully, my experience clears a few things for your case. You can PM in case you want additional details.




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  • gcwait2007
    03-03 04:40 PM
    In my employer company (NJ based, desi consulting company) about 50% of the EB-2 PERM applications are under audit.

    I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)

    The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.

    Does any one have any info about PERM change process? Please advise. Thanks in advance.



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  • redgreen
    10-14 01:47 PM
    It is mentioned by many that PD should be current at the time of GC approval. Is that right?
    I know people from India who got their GC approved when their PD is not current.
    One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!




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  • dilbert_cal
    07-05 11:56 AM
    You would require copy of the approval notice of 140 from the old company.

    In the new company, you would need to file a new labor via PERM. Once it is approved, you would need to file a new 140 and use the copy of the old approved 140 to port your priority date.




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  • pd_recapturing
    04-22 07:40 PM
    Yeah, right, first u need to find out which 140 was withdrawn. If the approved one is withdrawn, u r safe based on the fact that the same 140 was used with 485.




    Robert Kumar
    12-04 10:30 AM
    All,

    1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
    2. Any issues with getting appointment dates.
    3. I have all the documentation in place including pay stubs in the last 8 years.
    4. Is it preferable to get stamping done in Canada than in Hyderabad,
    5. How many days does it take to get the passport back.


    Please share me your experiences,

    Thank you,
    Bobby.




    martinvisalaw
    07-01 02:00 PM
    You must be actually in H-1B status in order to use the H-1B portability provisions. This is what allows you to start with Company B once their H-1B petition is filed, rather than wait until the petition is approved. To use this, you need to get into H-1B status for Company A 9either through a COS petition or by entering the US in H-1B status. I don't recommend that latter option if you know that you will be changing employers as soon as you enter the US.

    Alternatively, you could change from Co. A L-1 to Co. B H-1B, but you cannot start working for Co. B till the COS is approved.



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