Tuesday, June 28, 2011

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  • quizzer
    02-08 05:59 PM
    they are indian ctizens with singapore PR..they need B2 visas to enter usa.

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  • fromnaija
    10-26 01:44 PM
    Non of these really matter any more once we get the citizenship, correct??

    You got that right! Once a citizen you can choose to leave and enter whenever and stay outside the country for as long as you want.

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  • rkanth12
    08-27 02:08 PM
    Hi guys,

    I am in real need of suggestions for attorneys in the area. I am in PA, and need a good attorney (since mine just dropped off the face of the earth). Don't really care where he/she is, but I want to go with someone that it's been suggested by other immigrants, rather than other attys.
    Please reply with suggestions. I appreciate it.


    PMed you. Let me know if you need any more information.

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  • paulkurni
    07-18 01:52 PM
    Hello Experts,

    Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
    I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.

    I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.

    After doing research, I am thinking of the following strategy.

    I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).

    Do you think if this is a viable solution? Any suggestion is welcome.


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  • eb3_nepa
    08-29 05:13 PM
    There is NO WAY to update ur answer on the poll.

    I did see my checks cashed today and the application was received on July 2 by PITCHER.

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  • tc2007
    02-04 06:51 PM
    I am in a difficult situation. I hope you can provide some guidance.

    I am on 8th year of H1b. GC was messed up due to employer. A different employer has filed my labor 365 days before the I94 expires. I only have 3-4 months left on my current H1. I might have problems with my H1 transfer on time due to this new memo as I am working in layers, and I might loose my H1 status.

    My wife is on F1 visa and I would like to know if

    1) I can get H1 to F2 transfer. I have all recent paychecks etc and still working?

    2) If I get F2, can I find a new employer who can sponsor my H1 (full time not a consultant) while in US and then do F2 to H1. I am assuming this will be a new term of H1 within the limits of the quota etc.


    I have to go back to my country for 1 year if I want to be on H1 again? Here I am assuming that I can re-enter the country on F2 visa then find a new sponsor. Do you see any problems with the above?



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  • ram06
    04-11 10:10 AM
    The substitute elimination rule is still under review and not in effect yet. The premium processing can be done with substitute labor, by attaching the original labor certification.

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  • dish
    09-11 09:03 PM
    Go to

    For DBEC search using the Keyword - Teamexceed
    For PBEC search using - Philadelphia Backlog Elimination Recruitment Center


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  • validIV
    03-17 08:23 PM
    Talk to the school's immigration dept or an immigration lawyer to begin your change of status to F-1. You must do this immediately. Since you are on H-1 technically the moment you lose your employment you will be out of status.


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  • fasterthanlight�
    05-17 12:10 PM
    If i look at those will i get shot 9 times?? :P

    Good work (even if i'm not a fan......)


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  • ElusiveCard
    11-30 10:00 AM
    Hello All,

    If my priority date is current as of November bulletin, do I have time
    until 30th November to mail the I-485 application?

    Or does the DOS need to have received the application on or before 30th November?

    And if I am in California, where does the I-485 application physically go?

    [Its a long story why I didn't when the doors were open in July-Aug]


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  • Blog Feeds
    10-01 03:50 PM
    This is really a contentious issue both in the pro and anti immigration communities and it is surprising that it has taken this long for one of the major advocacy groups to raise the issue publicly. . Pro-immigration groups are divided on the strategy question of whether allowing measures to go piecemeal will peel off support for some of the tougher measures like a legalization program. But if comprehensive reform fails this year, it will be the third failure since the comprehensive movement began in 2004 and it could mean waiting until 2011 or even after the next presidential election...

    More... (http://blogs.ilw.com/gregsiskind/2009/09/maldef-head-dont-block-piecemeal-immigration-reform-if-comprehensive-fails.html)


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  • Blog Feeds
    02-07 08:30 AM
    When it comes to the Visa Waiver program, clients often ask me, what happens when a Visa Waiver traveler who is in the U.S. visits a third, non-adjacent country, and then seeks to return to the U.S.? Do they receive a new 90-day period upon re-entering the United States? What if they go to Mexico or Canada or another adjacent country?

    According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.

    If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.

    Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.

    More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)

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  • Ann Ruben
    02-14 11:34 AM
    An H-1 petition filed by a new employer should have no direct impact on your AC-21 GC process. Because you are not currently in a valid non-immigrant status, you are not eligible for a change of status in the US. In any event, the petition would not be valid before 10/1/2010 assuming the employer is not cap exempt. So, you would have to travel out of the US to apply for the H-1 visa to be stamped in your passport. To be safe, you should make sure you have a valid AP with you before travelling just in case there is a problem ofr delay at the consul.



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  • Saralayar
    08-25 02:32 PM
    I was employed by company A between 2002 who has filed I-140 and I-485 in 2007.

    After company ceased to exist, USCIS granted an H1 extension based on an approved ALC filing and I moved to company B. According to the owner of company A, it has no plans to file for bankruptcy.

    Company B filed for the H1B extension and I received one that expires Oct 2012. However, company B is now unwilling to continue my employment. My employment will cease Nov 2010.

    Besides looking for another job, anyone has any inputs?

    Provide all your details in your profile (Prioroty date, I140 filing date, country etc., ). Then based on that, you can get relevant info from members.

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  • shyamkishore
    06-30 10:29 AM

    My name is Shyam and I live in Herndon, VA.

    Please let me know how to get in touch with other members in this area.



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  • martinvisalaw
    05-13 11:50 AM
    I think you need to have a consultation with an immigration lawyer, if you want a legal opinion from someone other than your current lawyer. There isn't really enough information in your question to give an answer. Without knowing why the L-1A petition was denied, it's very hard to suggest a strategy. If there was an RFE issued before the denial, you should be able to see what CIS was concerned about.

    Are you eligible for E status? I don't know your nationality, so can't answer this myself.

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  • Munna Bhai
    10-15 03:52 PM

    I am on H1B, got my EAD and registered a LLC.
    Do I need to send I-9 when I switch working for my own registered LLC?

    Thanks in advance!

    Current Contribution: $100

    Do know that once you switch to EAD, you are no longer in H1b. I-9 is just a form and if Home-land guys ask then you need to show them and no need to send that form to USCIS.

    Could you please let me know how to register a LLC, I am in MA.


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  • grupak
    11-28 07:47 PM
    NIW have to stick to the field in which they got their waiver from labor, as far as I understand. All comes down to how the NIW I-140 application/support letters were worded.

    06-01 11:41 AM
    You should have asked before filing for an extension or do a search at USCIS Home Page (http://www.uscis.gov) you would have come across the below:
    USCIS - Special Situations (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f34d3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=f34d3e4d77d73210VgnVCM100000082ca60a RCRD)

    I don't know if you can get the fee back since the extension has been approved. Next time, ask when you are not sure.

    09-24 05:47 PM
    If I understand correctly, once the I-140 is approved, the PD is fixed. Make sure you have all the details of your privious I-140.

    you can take up new FT and once the new I-140 is approved and if EB2 July is current at that time, you can ask USCIS to apply that PD to your new I-140. Also the new I-140 needs to be with same or similar job duties / description.


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