reachinus
03-15 06:02 PM
You can apply for a new H1 and will not abe counted against the cap. That is what it mean by cap exempt.
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thescadaman
08-08 12:40 PM
Hi all,
My wife is on F-1 Visa and is planning to graduate in Dec 07. I have applied for I-485 for both of us in last week of July. Can she Under-Enroll for Fall 2007 as that will be her graduating semester?
I understand that once I-485 is filed, the F-1 Visa candidate cannot make any F-1 related changed (transfer, extend, OPT) since that person has shown immigration intent. What about under enrollment in graduating semester? My wife called her school and they said that they have to internally approve her under enrollment by looking at her Plan of Study, graduation application etc.. The approval is given internally and INS is not involved in the approval process. It�s just that after the approval, the school has to inform INS about what they did.
Does it mean, it�s Okay to under enroll? Any inputs on this will be appreciated.
My wife is on F-1 Visa and is planning to graduate in Dec 07. I have applied for I-485 for both of us in last week of July. Can she Under-Enroll for Fall 2007 as that will be her graduating semester?
I understand that once I-485 is filed, the F-1 Visa candidate cannot make any F-1 related changed (transfer, extend, OPT) since that person has shown immigration intent. What about under enrollment in graduating semester? My wife called her school and they said that they have to internally approve her under enrollment by looking at her Plan of Study, graduation application etc.. The approval is given internally and INS is not involved in the approval process. It�s just that after the approval, the school has to inform INS about what they did.
Does it mean, it�s Okay to under enroll? Any inputs on this will be appreciated.
averagedesi
07-18 12:57 PM
Looks like I am the only one in this situation... rough!
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aachoo
04-20 01:40 PM
I have been working for a private company LLC that operated as 3 smaller LLCs (regionally) but had the same/very similar names (e.g. XYZ, XYZ Asia).
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
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pnayak
01-11 12:20 PM
Hi All,
I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.
I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.
Thanks,
Purushotham Nayak
I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.
I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.
Thanks,
Purushotham Nayak
vima
02-09 11:54 AM
I am changing my job on H1B. I have I-140 approved with present company. What documents do I need to have to keep my old priority date? I have copy of I-140 approval notice. Do I need to have copy of labor certification as well?
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ganip
11-27 03:59 PM
I am planning to to go to India next year my visa expired in 2004,since my AP is approved i am planning to go for H1B visa stamping in India if in case the H1B visa is rejected can we come back to US using AP.
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Anders �stberg
May 6th, 2005, 09:30 AM
That's almost a bit creepy with all the hairy detail. :)
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andy007
07-20 06:23 PM
I would like to file my PERM through a good immigration lawyer in bay area. Does anyone have any recommendation? Has anyone used Indu law firm?
Some of the big names like fragomen etc seem to handle mostly company cases and are too expensive for individual case filing.
Also how much is the charge typically for the whole GC process or PERM. I know it would vary depending on lawyers but i am looking to get some general idea on how much people on the Forum have spent filing their cases from GOOD lawyers.
I am going thru Indu Law Firm.. She / Her Assistances are well orgnized (firm)
Some of the big names like fragomen etc seem to handle mostly company cases and are too expensive for individual case filing.
Also how much is the charge typically for the whole GC process or PERM. I know it would vary depending on lawyers but i am looking to get some general idea on how much people on the Forum have spent filing their cases from GOOD lawyers.
I am going thru Indu Law Firm.. She / Her Assistances are well orgnized (firm)
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praveen2008
08-19 11:17 PM
i am not sure... but as far as i know it is better to be in the country when the H4 extention is pending with USCIS
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Ryall
10-01 01:34 AM
your second one is much better.... a bit of advice on the first one: get that yellow thing out of there!!! You first one, is a bit unorganized, and well not really too interesting, no effects that grab your eyes. The second one, while very simplistic too at least has a much more pleasing layout. Keep at it - you're already improving.
Peace
Peace
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Blog Feeds
08-12 09:50 AM
H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer. A U.S. employer may petition a foreign national under the H-1B classification which specifically applies to individuals in a “specialty occupation." A specialty occupation has three requirements. First, an individual must have a bachelor’s degree or higher degree or its equivalent for the particular position. Second, the degree must be common in the industry among similar organizations. Third, the employer must normally require a degree or equivalent; or the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with attainment of the degree.
Individuals with H-1B visas are allowed to work in the United States for up to six years, but visas are granted in three-year increments. In some cases, the H-1B visas may be extended for more than six years. If the individual is in the United States, a change of status to an H-1B is filed in the United States. If the individual is outside the United States, upon approval of the petition, the individual must apply for an H-1B visa at the U.S. consulate. There are only 65,000 H-1B visas issued per year.
The beginning of the fiscal year for 2010 is October 1, 2009. Employers may begin filing their petitions six months prior to the start date of employment but the individuals cannot start their jobs until October 1.
It is vital for those individuals wishing to work in the United States to begin preparing their H-1B paperwork before the cap is reached. As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions had been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the cap. Please call us at 214-999-9999 if you would like to begin the H-1B process. The H-1B cap-subject count is available at the USCIS Web site (http://www.uscis.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/sxKBR-m_Kpk/)
Individuals with H-1B visas are allowed to work in the United States for up to six years, but visas are granted in three-year increments. In some cases, the H-1B visas may be extended for more than six years. If the individual is in the United States, a change of status to an H-1B is filed in the United States. If the individual is outside the United States, upon approval of the petition, the individual must apply for an H-1B visa at the U.S. consulate. There are only 65,000 H-1B visas issued per year.
The beginning of the fiscal year for 2010 is October 1, 2009. Employers may begin filing their petitions six months prior to the start date of employment but the individuals cannot start their jobs until October 1.
It is vital for those individuals wishing to work in the United States to begin preparing their H-1B paperwork before the cap is reached. As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions had been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the cap. Please call us at 214-999-9999 if you would like to begin the H-1B process. The H-1B cap-subject count is available at the USCIS Web site (http://www.uscis.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/sxKBR-m_Kpk/)
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Locorecto
08-05 11:19 PM
I have a very complicated case, and I need some answer that can release me from all this stress.
I came to the United States country in 2007 with a F1 visa. I won a scholarship sponsored by the government of my country to complete a bachelor degree. I was sent to a community college to improve my English skills. I finished my associated degree at the community College last spring 2009. Since my school only issued the I-20 until June 2009, my visa was also issue until that date. Therefore, my visa is already expired. However, already got accepted into a 4 year college and I am starting in Fall 2009, so I am still under F1 status.
The institution that is sponsoring my scholarship agreed to pay for my bachelor. However, they are requesting all scholarship students to change their status to j1 by the beginning of spring 2010. If I don't do it, I will lose my scholarship and therefore my status since I don't enough money to pay for the very expensive tuition. The institution wants us to go back for two years after we finish our bachelor, so they forcing us to change our visas.
I have been living with my girlfriend since last year. She is a Permanent Resident since 2003 . She is planning to apply for citizenship on February 2010. We are planning to get married by the end of this month (August). I need to go back to my country to change my status to j1 by the end of the fall semester, so I can keep my scholarship.
Here are my questions:
Might getting married now increase the risk of been rejected when apply for J 1 visa?
When would be the best time to get married?
When would be the best time to apply for green card? (Summit I-130, I-485, I-765 and G-325)
My fiancee and I don't have any problems with me going back for 2 years after I finish my studies, as long as I come to visit her about 3 or 4 times in the period of 2 years.
Thanks for your help.
I came to the United States country in 2007 with a F1 visa. I won a scholarship sponsored by the government of my country to complete a bachelor degree. I was sent to a community college to improve my English skills. I finished my associated degree at the community College last spring 2009. Since my school only issued the I-20 until June 2009, my visa was also issue until that date. Therefore, my visa is already expired. However, already got accepted into a 4 year college and I am starting in Fall 2009, so I am still under F1 status.
The institution that is sponsoring my scholarship agreed to pay for my bachelor. However, they are requesting all scholarship students to change their status to j1 by the beginning of spring 2010. If I don't do it, I will lose my scholarship and therefore my status since I don't enough money to pay for the very expensive tuition. The institution wants us to go back for two years after we finish our bachelor, so they forcing us to change our visas.
I have been living with my girlfriend since last year. She is a Permanent Resident since 2003 . She is planning to apply for citizenship on February 2010. We are planning to get married by the end of this month (August). I need to go back to my country to change my status to j1 by the end of the fall semester, so I can keep my scholarship.
Here are my questions:
Might getting married now increase the risk of been rejected when apply for J 1 visa?
When would be the best time to get married?
When would be the best time to apply for green card? (Summit I-130, I-485, I-765 and G-325)
My fiancee and I don't have any problems with me going back for 2 years after I finish my studies, as long as I come to visit her about 3 or 4 times in the period of 2 years.
Thanks for your help.
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prom2
07-26 08:28 PM
According to , just 1 receipt on Jul 26, no receipts on 25 and just 2 on 24...
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yumyum20
10-19 10:39 AM
Yes the bottom line is you have to withdraw one. In my case, I have to write in letter to USCIS in Nebraska becase I did self-filing. I've spoken to an agent a while ago. She said withdrawal will not affect my other I-485. Consult with your attorney. I already have a finger printing appointment next week so I'm goin to withdraw the I-485 receipt from Nebraska.
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vts31
10-20 04:46 PM
i did it with paper a while ago.
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msp1976
03-05 07:01 AM
He can file the H4 extension based on the H1B extension application receipt...
Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
As long as H4 extension is filed, wife's status is valid....
Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
As long as H4 extension is filed, wife's status is valid....
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go_guy123
10-01 02:02 PM
Yesterday there was a post made which I commented.
Today i see this post on ilw.com
Greg Siskind on Immigration Law and Policy: MALDEF HEAD: DON'T BLOCK PIECEMEAL IMMIGRATION REFORM IF COMPREHENSIVE FAILS (http://blogs.ilw.com/gregsiskind/2009/09/maldef-head-dont-block-piecemeal-immigration-reform-if-comprehensive-fails.html)
On the whole Greg Siskind is a lawyer who is knowledgeable about political dynamics.
I always follow his articles.
I always felt that CIR was a impossible strategy. It bundles all the immigration bill in one single bill. The idea is that it would make the illegal legalization process more easier than in a piecemeal strategy where the easily passable ones like SKIL bill etc might pass leaving behind the more politically toxic rest.
Also what it does that it makes the CIR an isolated elephant which is hunted down by
a pack of wolves , in other words uniting the antis into one single consolidated powerful force.
Eventually the MALDEF head is realizing the folly of the logic and I feel in a Year or two CIR strategy will be abandoned for a piecemeal strategy.
Today i see this post on ilw.com
Greg Siskind on Immigration Law and Policy: MALDEF HEAD: DON'T BLOCK PIECEMEAL IMMIGRATION REFORM IF COMPREHENSIVE FAILS (http://blogs.ilw.com/gregsiskind/2009/09/maldef-head-dont-block-piecemeal-immigration-reform-if-comprehensive-fails.html)
On the whole Greg Siskind is a lawyer who is knowledgeable about political dynamics.
I always follow his articles.
I always felt that CIR was a impossible strategy. It bundles all the immigration bill in one single bill. The idea is that it would make the illegal legalization process more easier than in a piecemeal strategy where the easily passable ones like SKIL bill etc might pass leaving behind the more politically toxic rest.
Also what it does that it makes the CIR an isolated elephant which is hunted down by
a pack of wolves , in other words uniting the antis into one single consolidated powerful force.
Eventually the MALDEF head is realizing the folly of the logic and I feel in a Year or two CIR strategy will be abandoned for a piecemeal strategy.
hairstyles reject) Katharine McPhee
radhak
04-26 06:16 PM
Thanks.
brawn81
01-27 01:02 PM
I am not an anti immigrant because I am an immigrant. I posted this because everybody know how antis are marketing/advertising against us.
elaiyam
10-08 08:12 AM
Yes.. you can.
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