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Friday, July 1, 2011

Call Of Peter

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  • us_employee
    08-24 02:36 PM
    Dear Attorney,

    Is there any minimum length of time to be on H4 before applying to H1.

    Thanks





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  • frostrated
    12-01 04:25 PM
    you cannot file two 485s. what you can do is get till the 140 stage, and then port the old 485 to your 140.





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  • vikasgarg24
    08-04 02:39 PM
    You dont need to file 485 again. after i140 approval send a email to SC and they will include new I-140 and Labor in 485





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  • priya.r
    12-24 01:30 PM
    Hello,

    Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

    The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

    If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

    Should the increase happen on October 1st 2010 when the H1B kicks in,

    or should the increase happen when the H1B gets approved ( between april - october )

    or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

    or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


    I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


    Hoping for your valuable replies as soon as possible.

    Thanks



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  • sanjay02
    06-01 01:26 AM
    Bumping it.....





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  • sangmami
    07-12 09:37 AM
    /12/2007: USCIS Reportedly Returning Visa Numbers to DOS

    AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess


    can any1 interpret wat this means
    thanks



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  • sioux
    11-30 10:36 AM
    the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.

    Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.





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  • mrsr
    06-25 05:19 PM
    is 1 company allowed to file 2 i140 for same individual ?

    hi guys this is urgent plzzzzzz help
    i am a pharmacist recently licensed in florida and i found 2003 approved labor but my lawyer is telling me that in order to substitute it for me i must be licensed in florida at the time of filling date of this approved labor which is in 2003.

    thanks in advance



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  • vnsriv
    11-14 11:52 AM
    Hello everyone,

    Please shed some light on this

    I am going to a different Application Support Center than the one in my notice.

    I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?

    If no how should I find/locate the nearest ASC to where I live?

    The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.

    Thanks in Advance

    Google it





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  • go_guy123
    01-14 04:49 AM
    If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.

    depending on the country of citizenship J1 waiver is also needed



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  • superdude
    07-17 11:42 PM
    Once your GC gets approved , thenit may be difficult for your wife to file
    The PD needs to be current as well to file for 485 amendment





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  • dehradoon
    06-14 07:32 PM
    This move in visa number is dramatic and not to mention scary. It also has the hint that dates will retrogress in FY2008, there is no way that everyone will be processed by the end of this year.

    If I were you I would keep the earliest priority date and not worry about the category its in, but then its just me and my choice :). You can judge yourself.



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  • krishmunn
    05-03 02:29 PM
    You probably still have enough time if you go for PRemium Processing. LCA will take around a week and Premium H1 will take another 2 weeks .





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  • pappu
    01-04 11:09 PM
    article is here

    http://www1.immigrationvoice.org/media/indiapost.pdf



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  • Eternal_Hope
    03-02 09:11 PM
    EB1 was applied under the Extraordinary ability. I also have a EB2-NIW I-140 cleared as well. Hope that answers your question.

    As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........





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  • go_guy123
    03-04 01:57 AM
    To all the physician members of this forum....

    Conrad 30 program is up for extension on march 6.
    According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....

    If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
    Hope it passes....any thoughts anyone?

    Yes Conrad 30 will be extended. Whenever there is lobby behind something it will get passed. There are lot of congressmen from rural America where doctors don't like to serve. So Conrad 30 helps to get doctors there.

    Conrad 30 issues is same like the Amtrak issue. Every year Amtrak runs a loss and congress huff and puff abut it but eventually pass the Amtrak budget payment.
    Because Amtrak threatens to stop the unprofitable routes (typical rural areas)
    and a lot of Congressmen panic and pass that.


    Whether "physicians exempt from employment based category " that is a different case because there is very little incentive to get that done. Once doctors get green card they can leave the under served areas.



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  • jackhardy
    02-03 10:37 AM
    After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.

    I would recommend you all do the same.
    Hoping he reads at-least one of our letters and show some mercy + change!

    The address to mail is:
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500

    Thanks!





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  • kondur_007
    05-18 07:04 PM
    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH

    Yes, that is correct.

    If you were born in India, you will still be counted as "EB2 India" in greencard queue even after you become british citizen.

    In other words, if you are planning to become a british citizen to live there, good luck. But it will not help you with US immigration.





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  • SH2009
    06-10 09:04 PM
    Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
    New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.

    I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.

    One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.

    Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?

    The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?





    WaitingYaar
    01-09 09:39 AM
    Thanks for the info. Any thoughts on under what scenarios they issue request for an interview. And does this means that the case is further delayed, or they randomly pick cases for interview.





    radduri
    03-17 12:36 PM
    Hello,

    I would appriciate if some clarify me on the below queries.

    Here my situation is, I had a H1 approved in July 2008 and got stamped in Feb 2009. due to recission I wasn't on travel to US on my H1 status but in Nov 2009 my indian current employer asked me to travel US on business trip for 6 months but at the port of entry they gave only 3months stamp on I94 so my company applied extension for 3 months and got approved. Now my client asked me to join in his company and he is willing to take care of H1.

    So here my queries are.

    1. In my case how you want me to processed. do i need to transfer my current H1 on my client name or my client need to apply for a new h1.

    2. If he applies a new H1 then am i able to work imidiately here.

    3. if he applies for a H1 (either Transfer or New) how much time it will take to get approved. what is the best process to get approval imidiately(with in short time. becasue i have only 6 week of time to get expired my B1 I94)

    4. Is there any issues if i accept my client offer.

    Please help me to get clarify on all these issues.

    Thanks,
    Ram