FinalGC
03-06 10:25 AM
Guys:
Need your input in a scenario of a friend of mine. My friend's wife is on H1 for the past 4 months and wants to transfer to an H4 visa under her husband. The wife's employer has not paid her any salary nor has he got her any project for the past 4-5 months, hence they are forced to make this decision. The h1 my friend's wife is only H1 approval papers and it is not stamped on her passport. The wife's employer is not willing to give her any papers of release or letter of leave without pay from her employment.
She needs to desperatly change her status to H4.....Suggestions needed??
Question=> Can my friend's wife go to India and apply for a H4 visa directly from the US Consulate in India? Without any papers related to the H1 visa??
Need your input in a scenario of a friend of mine. My friend's wife is on H1 for the past 4 months and wants to transfer to an H4 visa under her husband. The wife's employer has not paid her any salary nor has he got her any project for the past 4-5 months, hence they are forced to make this decision. The h1 my friend's wife is only H1 approval papers and it is not stamped on her passport. The wife's employer is not willing to give her any papers of release or letter of leave without pay from her employment.
She needs to desperatly change her status to H4.....Suggestions needed??
Question=> Can my friend's wife go to India and apply for a H4 visa directly from the US Consulate in India? Without any papers related to the H1 visa??
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sambhajisgayake
01-09 07:24 PM
If anybody can mail me the procedure at sambhajisgayake@yahoo.co.in, i will highly your help.
Abhinaym
05-12 11:01 AM
By the time I get it, it might be faded yellow...
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Blog Feeds
12-10 05:20 PM
With predictions that the H1B cap will be reached any day now, employers and employees are rushing to beat the cap. United States Citizenship and Immigration Services (USCIS) announced that, as of December 4th, it had received approximately 61,100 H-1B petitions counting toward the congressionally-mandated 65,000 limit. Additionally, USCIS has approved sufficient H-1B petitions for foreign nationals with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petition filed on behalf of a foreign national with an advanced degree will now count toward the general H-1B cap of 65,000.
So why are they still accepting cases? Well not all filed H1B petitions will be approved so the final count will not be known until USCIS will clear all denials. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/12/h1b_visa_cap_update_1282009.html)
So why are they still accepting cases? Well not all filed H1B petitions will be approved so the final count will not be known until USCIS will clear all denials. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/12/h1b_visa_cap_update_1282009.html)
more...
iamhopeful
05-24 02:10 PM
Hi,
My 6 yr H1B expires Dec 15,2009. I had applied for labor in 2008 and have received the case number for the labor dated June 26, 2008. My labor is not yet approved and online the status shows "pending". The company has not got any RFE against the labor. I dont know why its taking so much time. My main concern is, Can I apply for h1B extension on the basis of "Pending" Labor approval. What is the time frame to apply for an H1B extension? How long is the extension granted for ? 1 yr or 3 yrs....
Please advise ....
Thank You
My 6 yr H1B expires Dec 15,2009. I had applied for labor in 2008 and have received the case number for the labor dated June 26, 2008. My labor is not yet approved and online the status shows "pending". The company has not got any RFE against the labor. I dont know why its taking so much time. My main concern is, Can I apply for h1B extension on the basis of "Pending" Labor approval. What is the time frame to apply for an H1B extension? How long is the extension granted for ? 1 yr or 3 yrs....
Please advise ....
Thank You
Blog Feeds
11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
B-1 visa is for the visitor who has an unabandoned foreign residence, intends to visit only temporarily and intends to engage only in permitted business activities.
B-1 business visitor may be admitted for the purpose of enaging in business but not for the purpose of local employment or labor for hire. in distinguishing, the determination would be whether the principal place of business and actual accrual of profits are in the foreign country. Permitted business activities may include
Engaging in commercial transaction which do not involve gainful employment
Negotiating contracts;
Consulting with business associates; and
Participating in scientific, educational, professional or business conventions, conferences
B visitors may apply for extension of stay in six month increments and may change to other non-immigrant visa statuses.
https://blogger.googleusercontent.com/tracker/1142140030762969806-6653296147429391088?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/b-1-business-visitors.html)
B-1 visa is for the visitor who has an unabandoned foreign residence, intends to visit only temporarily and intends to engage only in permitted business activities.
B-1 business visitor may be admitted for the purpose of enaging in business but not for the purpose of local employment or labor for hire. in distinguishing, the determination would be whether the principal place of business and actual accrual of profits are in the foreign country. Permitted business activities may include
Engaging in commercial transaction which do not involve gainful employment
Negotiating contracts;
Consulting with business associates; and
Participating in scientific, educational, professional or business conventions, conferences
B visitors may apply for extension of stay in six month increments and may change to other non-immigrant visa statuses.
https://blogger.googleusercontent.com/tracker/1142140030762969806-6653296147429391088?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/b-1-business-visitors.html)
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SAP
01-26 12:00 AM
FOlks,
I am tired of this GC process like u all are. the following is my situation.
Currently on H1B and 140 cleared with company B, no 485 applied missed the boat during the VISA bulletin fiasco(USCIS money making scam)
i have a future GC with COMPANY A, 485 applied, i have EAD/AP also.
i am tired of my current job, too much exploitation, i want to change, so my question is can i just take some other permanent employment using this EAD/AP
My question is as this future GC with COMPANY A and i have never worked for this company A. can i do a AC21 and move on ?
does AC21 apply future GC. ?
Appreciate any thoughts in this matter
Thanks
SAP
I am tired of this GC process like u all are. the following is my situation.
Currently on H1B and 140 cleared with company B, no 485 applied missed the boat during the VISA bulletin fiasco(USCIS money making scam)
i have a future GC with COMPANY A, 485 applied, i have EAD/AP also.
i am tired of my current job, too much exploitation, i want to change, so my question is can i just take some other permanent employment using this EAD/AP
My question is as this future GC with COMPANY A and i have never worked for this company A. can i do a AC21 and move on ?
does AC21 apply future GC. ?
Appreciate any thoughts in this matter
Thanks
SAP
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belmontboy
05-14 06:54 PM
economy has slowed down immigration. Otherwise, numbers were pretty high.
it was projected that "Whites" would become minority by 2042.
I wish i live long enough to see that :D
it was projected that "Whites" would become minority by 2042.
I wish i live long enough to see that :D
more...
RareRFEon485
04-16 09:49 AM
Please explain how you have worked in Illinios for XYZ company( my GC sponsoring Company) living in MN,WA and TX.
The above description is the one line RFE that I got. I don't have more details to give. I guess am like any other consultant who works in different states( Most of them).
My 140 is approved in Dec 2007. I had 1st RFE on I-485 and submitted the same in Dec 2009. for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.
Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?
The above description is the one line RFE that I got. I don't have more details to give. I guess am like any other consultant who works in different states( Most of them).
My 140 is approved in Dec 2007. I had 1st RFE on I-485 and submitted the same in Dec 2009. for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.
Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?
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oldguynewguy
12-29 12:23 PM
Hi,
1) Is there any rule that you have to stay with your company for 6 months after getting the GC?
2) Is there any rule that you have to stay in the same job profile for 6 months after getting the GC?
Thanks.
1) Is there any rule that you have to stay with your company for 6 months after getting the GC?
2) Is there any rule that you have to stay in the same job profile for 6 months after getting the GC?
Thanks.
more...
skone
02-04 02:58 PM
Hello,
I run an IT business from here in Canada and make about US$ 80K/Year. I am now thinking to move to USA and was wondering how I could use my company to benefit and help me with that.
Is it better to move the company to US or is it better to open a subsidiary in USA? Also what are the minimum requirements to be successful in the immigration visa? Do I need to declare a minimum amount to the Canadian government etc.., that will be a proof for my company etc..?
I run the company myself with my common-law-partner. We do everything, including sending bills, invoices etc..
Thank you for any advice.
I run an IT business from here in Canada and make about US$ 80K/Year. I am now thinking to move to USA and was wondering how I could use my company to benefit and help me with that.
Is it better to move the company to US or is it better to open a subsidiary in USA? Also what are the minimum requirements to be successful in the immigration visa? Do I need to declare a minimum amount to the Canadian government etc.., that will be a proof for my company etc..?
I run the company myself with my common-law-partner. We do everything, including sending bills, invoices etc..
Thank you for any advice.
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aguy
09-19 07:43 PM
Hi,
I have received notice for I-485 FP, but my I-140 is still in process (not approved or anything). How is this possible? Is it because of concurrent filing?
Thanks.
I have received notice for I-485 FP, but my I-140 is still in process (not approved or anything). How is this possible? Is it because of concurrent filing?
Thanks.
more...
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Blog Feeds
05-26 11:30 AM
The Senate has passed a resolution sponsored by Senators Kohl (D-WI), Voinovich (R-OH), Brownback (R-KS) and Wyden (D-OR) that recognizes June 6th, 1939 as one of the most shameful days in American immigration history. The text of S. Res. 111 tells the story: Recognizing June 6, 2009, as the 70th anniversary of the tragic date when the M.S. St. Louis, a ship carrying Jewish refugees from Nazi Germany, returned to Europe after its passengers were refused admittance to the United States. Whereas on May 13, 1939, the ocean liner M.S. St. Louis departed from Hamburg, Germany for Havana, Cuba with...
More... (http://blogs.ilw.com/gregsiskind/2009/05/resolution-would-recognize-ss-st-louis-tragedy.html)
More... (http://blogs.ilw.com/gregsiskind/2009/05/resolution-would-recognize-ss-st-louis-tragedy.html)
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Blog Feeds
08-31 09:50 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
Yet another update to the H-1B quota, also known as the Fiscal Year (FY) 2011 H-1B cap.
Approximately 34,900 cases have been receipted by USCIS for the regular Bachelor's degree H-1B quota.
Approximately 13,000 cases have been receipted by USCIS for the advanced degree H-1B quota open to applicants who have earned Master's or higher degrees from US colleges and universities.
Good luck to all H-1B applicants! ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/h1b-quota-slow-and-steady-usag.html)
Yet another update to the H-1B quota, also known as the Fiscal Year (FY) 2011 H-1B cap.
Approximately 34,900 cases have been receipted by USCIS for the regular Bachelor's degree H-1B quota.
Approximately 13,000 cases have been receipted by USCIS for the advanced degree H-1B quota open to applicants who have earned Master's or higher degrees from US colleges and universities.
Good luck to all H-1B applicants! ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/h1b-quota-slow-and-steady-usag.html)
more...
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linnil
03-15 02:48 AM
I work for one of the biggest software companies which deals with PERM cases a lot. However, my case got audit notice and I'm really confused now.
My PD is Jan-19-2009 and I received my audit notice in 11/2009, and we replied in 12/2009. I just learnt today that it might be very likely to take more than 2 years to clear such a case and there is possibility to be denied.
I'm very worried that I might lose my PD, is it really true that my case won't be cleared for at least another year?
:mad:
My PD is Jan-19-2009 and I received my audit notice in 11/2009, and we replied in 12/2009. I just learnt today that it might be very likely to take more than 2 years to clear such a case and there is possibility to be denied.
I'm very worried that I might lose my PD, is it really true that my case won't be cleared for at least another year?
:mad:
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ImmigrationAnswerMan
03-03 10:19 PM
The child of an H-1B is eligible for an H-4 (as long as parent remains an H-1B) up until their 21st birthday as long as they remain unmarried.
*This information is for educational purposes only and should not be relied upon as legal advice. This information should not be relied upon without first consulting with an experienced immigration law attorney. This information is not intended to create an attorney client relationship.
*This information is for educational purposes only and should not be relied upon as legal advice. This information should not be relied upon without first consulting with an experienced immigration law attorney. This information is not intended to create an attorney client relationship.
more...
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Blog Feeds
05-19 10:00 AM
The American Immigration Council weighs in on the importance of the subject: The American Immigration Council�s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for convening today�s hearing on �Improving Efficiency and Ensuring Justice in the Immigration Court System.� Immigration courts have long suffered from crushing backlogs that can delay the scheduling of hearings for years at a time. Additionally, immigrants who appear before these courts enjoy fewer legal protections than most Americans expect from any fair system of justice. With the dramatic and rapid escalation of immigration enforcement policies and resources, too little...
More... (http://blogs.ilw.com/gregsiskind/2011/05/senate-holding-hearing-on-immigration-courts-today.html)
More... (http://blogs.ilw.com/gregsiskind/2011/05/senate-holding-hearing-on-immigration-courts-today.html)
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H1BEERFE
05-06 06:30 PM
If H1B extension gets denied and my employer will appeal it. My questions are
1. Can I allowed to work until I decision is made on appeal?
2. If appeal is denied, from when I will be consider as out of status? (from I-94 expiry date or appeal decision date)
3. After appeal denial what is the grace period to leave the US?
4. Can same employer is allow to file another H1 petition for me?
Thanks
1. Can I allowed to work until I decision is made on appeal?
2. If appeal is denied, from when I will be consider as out of status? (from I-94 expiry date or appeal decision date)
3. After appeal denial what is the grace period to leave the US?
4. Can same employer is allow to file another H1 petition for me?
Thanks
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ho_gaya_kaya_?
10-22 05:09 PM
anyone- any idea ?
insbaby
06-22 01:55 PM
Hi,
My passport expires in Jan 2010.
Is there a time frame by which I need to renew passport? Can I go sometime this month or should it be within 6 months of expiration?
Thanks in advance.
Washington DC - Indian Embassy - 6 months before.
My passport expires in Jan 2010.
Is there a time frame by which I need to renew passport? Can I go sometime this month or should it be within 6 months of expiration?
Thanks in advance.
Washington DC - Indian Embassy - 6 months before.
jackzowie
08-31 09:46 PM
Thank you for reading this thread.
I applied for green card via national interest waiver category, and I decided to obtain green card through consular processing. To be eligible to get the immigrant visa in my home country, I showed consulate an offer letter from a U.S. company.
My question is , do I really have to work on that job after I enter U.S. ? Because I am not very interested in that position. And I am thinking about studying for an MBA, instead of working.
I was given a temporary green card when I entered the custom. It usually takes 2 month to get the official green card. But if I reject that offer , would my green card be revoked ?
Thanks
Jack
I applied for green card via national interest waiver category, and I decided to obtain green card through consular processing. To be eligible to get the immigrant visa in my home country, I showed consulate an offer letter from a U.S. company.
My question is , do I really have to work on that job after I enter U.S. ? Because I am not very interested in that position. And I am thinking about studying for an MBA, instead of working.
I was given a temporary green card when I entered the custom. It usually takes 2 month to get the official green card. But if I reject that offer , would my green card be revoked ?
Thanks
Jack
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