munnu77
04-29 08:50 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
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pappu
03-02 04:37 PM
nope. Its not useful.
focus on meeting the lawmakers in person at this time.
focus on meeting the lawmakers in person at this time.
rrajendra
08-10 03:44 PM
Should not be a problem, I have applied for H1B in Mumbai and got it stamped. I am orginally from Kerala...
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gc_lover
07-02 08:55 AM
Where did you hear?
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diptam
07-01 03:59 PM
'Department of Homeland Security'
But if you have put USCIS - dont pull your hairs. You are still okay.
This should be "Department of Homeland Security" per Attorney.
But if you have put USCIS - dont pull your hairs. You are still okay.
This should be "Department of Homeland Security" per Attorney.
prem_goel
07-28 02:27 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
more...
h1bjava
03-14 12:26 PM
Gurus Please take a moment to answer my previous question. Thank you.
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arthi123
11-19 10:14 PM
Thank u very much!!!!
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newyorker123
06-11 09:54 AM
Thanks xlr8r, anybody pls tell me
Did I need to send my FOIA request to the following address apart from National Records Center ?
Customs and Border Protection
Burlington Human Resources Office,
70 Kimball Avenue,
South Burlington, Vermont 05403-6813
Did I need to send my FOIA request to the following address apart from National Records Center ?
Customs and Border Protection
Burlington Human Resources Office,
70 Kimball Avenue,
South Burlington, Vermont 05403-6813
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10-09 09:04 AM
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mpadapa
10-26 09:36 AM
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Blog Feeds
12-18 03:40 PM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
more...
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rb_248
09-11 01:55 PM
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
Thank you. That is good to hear.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
Thank you. That is good to hear.
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CHHAYA
01-15 08:14 AM
It took 8 months for the paper work,running ads etc.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?
Appreciate any response.
more...
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sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
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IN2US
02-23 01:03 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
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calaway42
10-06 01:07 AM
tahnx and sorry :)
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Scythe
04-20 01:37 PM
You're welcome!
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baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
carbon
03-24 09:26 PM
If you have worked on a H1B that was from the quota and you have
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
cooolvick
08-25 06:02 AM
Hi,
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
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