gcadream
05-02 09:06 PM
Can somebody please throw some light on this issue.
I have an approved H1extn till 2013 but I had moved to the new location and new project since then but I don't have a new LCA. And now when I'm planing to go to india and appear for visa stamping I don't have the new LCA for my current location.
When I asked my lawyer, she said that I need to apply for fresh H1 extn. This doesn't make sense to me, Can I only get new LCA for my new project location ?
Do I need to get my H1B amended with this change ?
Please help me on this ...
Waiting to hear back ASAP.
Thanks in advance
I have an approved H1extn till 2013 but I had moved to the new location and new project since then but I don't have a new LCA. And now when I'm planing to go to india and appear for visa stamping I don't have the new LCA for my current location.
When I asked my lawyer, she said that I need to apply for fresh H1 extn. This doesn't make sense to me, Can I only get new LCA for my new project location ?
Do I need to get my H1B amended with this change ?
Please help me on this ...
Waiting to hear back ASAP.
Thanks in advance
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sushilup
07-18 11:01 AM
Thank you for your response.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
hibworker
09-15 03:13 PM
Its a typo... they copy - pasted EB3-C dates.
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sparky_jones
06-30 10:56 AM
This looks like the hallmark of a gang initiation ritual. The teens were probably asked to carry out an act of this nature before the gang would consider them to be tough enough. So they drive around, pick a random person, and beat him up, and the hapless victim ends up dead. Sad and bizarre.
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tinamatthew
07-18 03:50 PM
Hello everyone and thank you IV for all your great work. Much appreciated.
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
buehler
07-18 09:19 AM
The company will have to sponsor the H1 in full. Not enough to just give you an employment verification letter.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
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hibworker
11-24 04:08 PM
What I mentioned above applies to new H1 filing. The person can start working as soon as H1 is approved which can be as quickly as 15 days or less if done under Premium Processing.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
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dan19
09-29 07:26 PM
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
Do we need to get the passport renewed before it is expiring?
more...
krishnam70
05-06 06:03 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
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roseball
07-26 09:11 PM
My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
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ramraj_02
10-20 08:32 AM
Hi,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
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Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
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90210
03-28 04:35 PM
Hello All,
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
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a_to_z_gc
09-27 12:53 AM
I don't think you read his question- He/She wanted to know if the FP can be done in an American Consulate General in India if he gets his FP notice while he/she is in India.
Does anyone know of this situation and if any consulate in India can do the FP?
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
Does anyone know of this situation and if any consulate in India can do the FP?
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
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GCBy3000
11-13 01:45 PM
Could anyone tell me when the PD is exactly ported.
1. I filed my labor thorugh location A for a company. Then the company moved me to location B within the same state.
2. My company attorney asked me to refile the labor sicne the location is changed. I did and get it approved.
3. In the mean time, I got my location A labor cleared. So to port the PD, i asked the company to file 140 for location A. They did and it get approved.
4. Now I filed the 140 for location B.
I did not see at any place in the second 140 mentioning about my previous PD . How and when exactly the PD is considered ported?
Thanks
1. I filed my labor thorugh location A for a company. Then the company moved me to location B within the same state.
2. My company attorney asked me to refile the labor sicne the location is changed. I did and get it approved.
3. In the mean time, I got my location A labor cleared. So to port the PD, i asked the company to file 140 for location A. They did and it get approved.
4. Now I filed the 140 for location B.
I did not see at any place in the second 140 mentioning about my previous PD . How and when exactly the PD is considered ported?
Thanks
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lazycis
01-28 08:59 AM
If I paper file for my renewal, will there be a biometric appointment at an ASC?
No, when you mail it, you send photos along with the application.
No, when you mail it, you send photos along with the application.
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T-O
04-17 06:51 PM
like the blurred japanese letter at the back
What does that letter mean? soundlike?
What does that letter mean? soundlike?
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milindss
11-05 10:59 AM
Thank you sir.
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drona
09-07 03:10 PM
Hello WA state members,
Please join the WA State Chapter group here:
http://groups.yahoo.com/group/wa_iv/
Let's get this chapter up and running again.
Please join the WA State Chapter group here:
http://groups.yahoo.com/group/wa_iv/
Let's get this chapter up and running again.
cdeneo
04-06 08:38 PM
Bumping this thread up...
I would appreciate if an attorney on this forum could please chime in on this query. Thanks!
I would appreciate if an attorney on this forum could please chime in on this query. Thanks!
WithoutGCAmigo
07-12 11:46 AM
Will they hold the application in TX Srv Center and not release it till the lawsuit is completed? Will it prevent people from re-applying if their PDs become Current in Oct? Any ideas?
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