Thursday, June 30, 2011

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  • wandmaker
    05-06 01:16 PM
    Can someone, renew their EAD while outside of the country?

    Yes - as long as your 485 is pending and you have a US address to receive the card.




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  • gimme Green!!
    07-31 01:55 PM
    I am assuming that you are planning to change employers when you change from H1 to L1.

    L1 is only for intra company transfers and you needed to be working with the company for atleast 12 months (used to be 6 months till not long ago) before you are eligible to come in on an L1.

    If it is with the same company, that you plan to change from H1 to L1, what is the advantage other than skipping Labor certification if you are on L1A?

    If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.




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  • pal351
    01-23 01:58 PM
    They will staple both the paassports and send back to you.
    You need to carry your old&New passports together all the time.


    Hi,

    My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:

    1. What happens to old passport. I took Appt with old passport number?

    2. Can I keep my old passport?

    3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?

    Pls suggest.

    Regards




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  • tc2007
    02-04 06:51 PM
    Hi
    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.

    OR

    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?

    Thanks



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  • little_willy
    10-07 08:12 PM
    Hi,

    My friend and his family got their GC's approved last week. They also have Canadian GC. My friend is the primary applicant and she is currently in US, but her husband is in India. He did not apply for an advance parole and was planning to re-enter the country using his Canadian GC. Now that his US GC is approved, will there be any issue at the port of entry?

    Thanks for your help!




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  • vsoni
    03-08 05:41 PM
    I send PM to NH chapter few days ago. For more info send me PM.

    Is Visa revalidation not possible in France or Germany?



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  • gc_on_demand
    09-30 01:15 PM
    Could this be the administrative fix that IV is working on - which pappu replied in another thread.

    Can we please get this so that people can add spouses (if they did not do so during july fiasco).

    I think he mentioned that it is for I 485 applicants and to me I 485 applicants are who filled AOS. Poor me (:




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  • Blog Feeds
    04-26 11:30 AM
    The American Immigration Lawyers Association (AILA) strongly urges Arizona Governor Jan Brewer to veto a bill moving rapidly through the state legislature that would make it a crime to be an undocumented immigrant in the state.

    In addition to the absurdity of aligning undocumented status with state trespassing, the law also validates racial profiling as a legitimate law enforcement tool which is precisely the reason why individuals and businesses around the country are beginning to seriously question whether Arizona is a safe place to visit, live, or do business.

    The bill also creates a private right of action for any person to sue a city, town, or county for not enforcing immigration laws to the full extent of federal law and it establishes civil penalties for the city, town, or county. This subjects local governments to unreasonable and potentially frivolous litigation by private citizens with an anti-immigrant agenda. Even if a municipality is vindicated in court, it will still have to incur the costs of defense.

    The problems with this bill are monumental and the consequences will be devastating to the citizens of Arizona and the state's already fragile economy. At last glance, Arizona was in the throes of a massive budgetary crisis. Arizona's economy simply cannot afford to absorb the costly litigation that this ill-conceived legislation will certainly produce. Moreover it sets a bad example for other states to pass similar bills. Already other states like Ohio and Utah are entertaining similar legislation. Immigration is the domain of the federal government and it is a huge mistake for states to be involved.




    More... (http://www.visalawyerblog.com/2010/04/arizona_passes_unconstitutiona.html)



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  • 485_spouse
    03-13 01:30 PM
    I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...
    you can not file I-485 for your wife till PD becomes current.
    I'm in the same boat. you need to make sure your wife maintains her visa status. Since she is on H1 she should file a labor to make use of 7th year.




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  • gcfriend65
    12-07 03:05 PM
    No, it;s not possible to get the approval letter for H4 in India. It is usually sent to your home address or lawyer's address in US.


    Hi
    my wife has got H1 this year and
    she wants to transfer to H4 as she got Ead and she
    wants to use EAD .and still we didnt get AP.she wants
    to leave to india in jan she dont have stamp in her
    passport

    if we apply now for the conversion of H1 to H4 can
    she leave to india now and can i send that approval
    letter to india then she goes to stamping in india.
    is it possible. please suggest me



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  • andycool
    02-02 05:57 PM
    My attorney told there is no problem......

    thanks




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  • a_yaja
    01-02 12:06 PM
    Hi,

    I am on H1 and may have to use EAD in couple of months. What would be the status of my son (he is on H4) if I use EAD? We filed 485 in July 2007.

    Thanks,
    ratsek

    If you filed for I-485 for your son as well then he is in Adjustment of Status (AOS), otherwise he may be out of status once you start using your EAD. Talk to an attorney if you have not filed for AOS for your son and plan to use EAD.



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  • jai_verma
    10-15 05:41 PM
    your company needs to maintain an HR file with I9 for all employees (including US citizens)

    Thanks senk1s! For a while I would be the only one working.
    I would like to invite other EAD holders to work on 1099 and get maximum share through my company. As I was not able to get the higher billing working on 1099 individually.

    Thanks Again!




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  • BMP
    01-13 06:55 PM
    After many, many years of wait ( to be exact totally 8 ) I was about to pack my belongings and move on with my life but in other place.
    For certain reasons, which I will not discuss there I could not return to my home country.
    Looking back and analyzing decisions made by the HR and the lawyers that the company hired to handle my case I feel something very uncomfortable. My advice to those who are at the very beginning of the immigration path is "Never under any circumstances trust the immigration lawyer that was hired or recommended by your employer. Remember your employer's interests are exactly opposite to yours."
    Anyway yesterday I got that coveted �We sent you an approval notice..." e-mail.
    Am I excited? Not very. Certainly I would have been if this happened many years ago.
    Another advice that I want to give is do not take this green card business to close to your heart. There are much more important things in this life.
    Good luck to you all.



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  • WeShallOvercome
    11-20 01:55 PM
    what does it mean? If you apply your 485 on July 2nd, within 6 months time (by Jan 2nd) you will get 485 approved?

    This question has been asked 100000000 times..

    your I-485 will be adjudicated in 6 months IF and ONLY IF your PD is current and your security checks are cleared. Without these 2 conditions, the processing times are pretty much useless for us.




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  • ameryki
    10-13 06:21 PM
    You did well. :-). Congrats



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  • martinvisalaw
    06-01 06:06 PM
    This is a very common question, especially with the number of layoffs now. I wrote some blog posts that explain the options, so please see these (http://martinvisalaw.blogspot.com/search/label/layoff)for more details: http://martinvisalaw.blogspot.com/search/label/layoff.

    Elaine Martin
    www.martinvisalaw.com




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  • theshiningsun
    05-26 09:31 PM
    hi attorneys,

    which visa should an indian citizen apply for if he is seeking to start his own business in the USA?

    i understand that the e-visa is not applicable to indians. is there an equivalent of the e-visa for indians seeking to do entrepreneurship in USA?

    thx in advance,




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  • gc_chahiye
    09-27 05:02 PM
    Hi,
    is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
    Has any1 wth the same situation has gone and come back without any issues?
    Gurus ur input s greatly appreciated.
    Thanks

    Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.

    If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)




    sanju
    02-03 05:08 PM
    or if you know some website which has reviews of companies plz let me know that site...

    You are asking a wrong question. Beware of all Desi cos. They are all the same. If you are under some compulsion to join a desi cos, then you got to do what you got to do.

    I think it would be best to speak with someone who is already working for the cos and join if your friend or someone you know is already working there.

    Also, get EVERYTHING in writing, I mean EVERYTHING. Do not trust desi cos just because the guy is sweet talker.



    .




    martinvisalaw
    08-31 07:32 PM
    Hi company A applied for my H1 in april 1st week.
    they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
    Another company is interested in filing my h1b.
    what is the safest way to go about doing this.
    should i let company B know that i filed with company A before.
    Also will there be any problem in getting H1b approved because of my earlier filing


    There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.



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