Sunday, July 3, 2011

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  • bayarea07
    02-04 04:30 PM
    Hello,
    I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).

    However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
    Is that a valid thing to do or do i need to re-stamp my visa.

    fyi.. my H1 was extended by 3 more years because of pending I-485 Application


    Few More Details to Add Here -
    I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.




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  • dealsboy
    08-19 01:38 PM
    Based on the knowledge I have.

    1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?

    If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.

    2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?

    They have to file a new H1B for you.

    3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application

    GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.




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  • martinvisalaw
    07-13 05:24 PM
    i am on h4 and this was the first time a company filed for my h1b. so would that be ok if company "B" files for my h1b with h1b filed with company "A" is pending with RFE.

    Yes. I would refer to Co A's filing in the 2nd one, so that CIS doesn't think you're trying to deceive them or hide anything.




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  • Krilnon
    12-02 01:39 PM
    But it must be� Seb Hughes (http://www.kirupa.com/forum/member.php?u=27016) goes there!

    Anyway, I'll let you get back to your Flashing/Silverlighting. :sure:



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  • LondonTown
    05-21 01:50 PM
    How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial?

    It was due to attorney's mistake.




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  • austingc
    04-30 03:05 PM
    Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
    thank you wandmaker.



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  • maximus777
    12-22 06:52 PM
    Not a big deal in my opinion - the visa system needed a rehaul in any case. Cant undertsand how a tourist visa can double up as a business one.




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  • GC_hope_2006
    08-08 04:55 PM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.



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  • hotscud21
    01-04 08:11 AM
    Hello,

    I have just registered my company and would like to know what business insurance i would need to do software consulting. Can anyone please help me out.

    thanks




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  • guchi472000
    11-21 09:02 PM
    I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
    Another company is offering me job and ready to transfer my H1b.
    My Question:-

    1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?

    2) What if, The new company don't file AC 21?

    3) What if the previous employer cancel my I 140.

    Let me know what other problem can I face if I transfer my H1b to new employer.:confused:



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  • amengiv
    01-13 12:21 PM
    A2k2,

    Did they ask you to provide I693(Medical) and I684(Affidavit of Support) during your last interview? I believed I had submitted I693 when I applied I485 and I684 is for family-based immigration. Is this right?

    Thanks a lot in advance!
    Andrew




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  • suavesandeep
    11-14 10:57 AM
    485 has nothing to do with company. Only I-140 is company dependent. So only reason why 485 will be denied based on company is when the underlying I-140 gets denied i.e. Company revokes 1-140 or USCIS finds something wrong with your company which filed the I-140 before AC21 kicks in. In a separate thread there is action item for USCIS denying I-140 and ignoring AC21 which you may want to participate in if you haven't already. Assuming your I-140 is always valid than Your 485 can be denied only because of you i.e. you were out of status, have a criminal record etc.



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  • snathan
    03-28 12:42 PM
    I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.

    1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.

    2) How much time does it take if i apply for change of status for F1?

    3)can i take cpt in F1 and later on can i change to H1 by applying change of status?

    Before answering your question...I want to know this.

    You got your H1B in Oct 2008. That means your status changed from F1 to H1. Now its March 2009. So all these period are you employed and have the pay stubs for the same. If you dont have then you are out of status and you can not change the status to F1. If you want to change the status, you need to be in status first.




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  • CrewNYC
    09-25 01:51 PM
    Didus really helped me out, thanks!

    Andrew



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  • pappu
    12-17 06:04 PM
    core members:

    I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
    BTW pls update your account information. You are from NJ and we had a hard time contacting NJ members for this event.




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  • Prashanthi
    07-06 05:45 PM
    The USCIS will honor the procedure to register births or do a name change in the home country, i suggest you submit the documents that you referred to and also get a local attorney to attest to the local law in such matters citing the proper section of the law. Name change before the Court should be sufficient but better to get this verified.



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  • nuke
    08-22 10:02 AM
    USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
    Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?




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  • kunjakka
    07-13 06:07 AM
    Hello All,

    I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.

    My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.

    Now while renewing my wife's EAD in the efile process, I did the following steps

    1. Started a new I-765 for wife
    2. Filled all the details.
    3. Added I-131 also

    i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.

    Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.

    Did I commit a mistake? If so, how can I correct it.

    Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......

    UK




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  • srh1
    08-18 01:04 PM
    I filed H1 in April 2007 for my brother who is in India but no news from immigration whether it was approved or denied. As all of you know this year they did a lottery system when i ask my lawyer he says we just have to wait. Its been 5 months now no news. Can somebody suggest me what to do. Is there any website which tells us the status or any number to call.




    xtronics
    03-19 10:50 AM
    Thank you so much jangolouis
    What visa did you apply for H4 or H1?
    Also did you call Dept. of state before you got your visa?
    Please let me know when you get a chance. Thank you so much again




    supers789
    09-21 05:07 PM
    Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.



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