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  • ramyv
    12-24 12:42 PM
    My friend is with the current employer for the past 3 years and now she has her H1 renewed .The employer had some issues with USCIS and currently she is on bench and is planning to go to india to get married.She has an appointment in Tijuane but she is worried if the employer history would affect her chances of stamping.So she is planning to have her H1transferred but she has her marriage in feb.So what are her options of getting her stamping done?

    Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there? Is the pay stub with the current employer compulsory?
    How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?

    Looking forward for some suggestions.

    Thanks




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  • ganugapati
    11-16 10:25 PM
    Here is my current visa situation
    Labor, I-140 approved
    EAD/AP valid
    I-485 pending for 3 years.
    EB2/India � July 2007 filer

    I got laid off last year and have been unemployed for 1 year.

    I am thinking of applying for California state unemployment benefits. Here are my questions

    1) Is there a risk that the EDD office could forward this information to USCIS
    2) If the USCIS comes to know about this then is there a risk that they may issue a RFE for an updated job offer and subsequently deny I-485.




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  • deardar
    06-18 09:57 AM
    I asked the same question yesterday at POE Boston.
    He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.




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  • GlobeTrotter100
    10-11 10:59 AM
    thanks, gc chahiye!



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  • jchan
    03-23 09:00 AM
    Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

    appreciate your answer.




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  • amoschid
    07-18 04:04 PM
    i think this thread will give you an insight about how it works:

    http://immigrationvoice.org/forum/showthread.php?t=10428

    :D



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  • langagadu
    07-28 10:45 PM
    BTW Murthy is not he.




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  • pappu
    02-08 10:27 AM
    Thanks for letting me know. I think paskal is in India now. Anyways we had a very small window of time to seek someone quickly. I have found one member willing to reveal his name and give the interview. The information is forwarded to the reporter. The reporter has to quickly do a story so that should be all for now. In case the reporter needs any more members, I will open this thread. Otherwise the thread will remain closed.
    Thanks everyone.



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  • Becks
    03-29 05:30 PM
    They would have verified PIMS while giving your wife the H4. But they will again verify with PIMS as one of the steps to issue the H1 visa. I dont think they will bypass it.




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  • micofrost
    07-24 04:12 PM
    I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???

    Make sure you have the copy of the application you filed for change of status while you were here. Or any receipt notice.
    You can come back to US but b4 that you have to stamp a H4 visa at your country's US consulate. All should be fine assuming you had filed Change of Status application b4 expiry of your B2 I-94



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  • learning01
    04-28 10:11 AM
    Don't you get one from your employer each year. I received paper and soft copy of W-2 (the paper copy has atleast 4 copies) each year.

    I do not know about I485...
    but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.




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  • unseenguy
    06-22 07:30 PM
    USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 ‘Regular’ cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

    As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.

    More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)

    USCIS financial loss:

    cap : 65000 (minus chile, singapore 6800) = 58200

    cap count : 47,700 (max) , 44,400 (min)

    H1B filing fees: 2320 USD per application

    shortfall : 24,360,000 (min) , 32,016,000 (max)

    Assuming 15% premium processing 1000*1000 = 1,000,000

    Total shortfall for new applications : 25 million USD. (min)

    Also since I have 2 year EAD now, I may not renew my H1 this november. I am sure, L1, H1 extensions etc are having similar revenue impact.



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  • pbuckeye
    08-24 07:36 AM
    Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.

    Preferably yes, you should apply before the I-94 expires.

    However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.

    P.S. I am not a lawyer.




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  • indianabacklog
    09-26 04:02 PM
    Does anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.

    Thanks,

    $340.

    It is listed on the USCIS website beside the link for the I765 form.



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  • bugmenot
    12-20 03:35 PM
    http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521

    ...appreciate it




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  • wandmaker
    11-30 06:45 PM
    amindarshana: (1) keep checking whether you check cashed or not (2) if 45 days passed from your SR open date - you will have to reconstruct your entire 485 packet and include delivery proof, and a copy of the check that you had sent. - check with your attorney.



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  • sanju
    02-05 11:07 PM
    I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
    Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
    By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
    . help will be appreciated


    As far as I understand, your degree is not the only criteria to decide the SOC code for labor certification. SOC code depends on the combination of your education qualification and your experience in the relevant field. Every job has a minimum qualification. But the minimum education qualification doesn't describe the SOC code. If you meet the minimum education qualification, you could apply for that job, but then one has to meet the required experience required for the job. I guess the combination of experience in the relevant field and the minimum education qualification together weigh in to decide the SOC code. If your employer and your lawyer feel comfortable with Commercial & Industrial designer SOC CODE(27-1021), then it is Commercial & Industrial designer SOC CODE(27-1021). ;)

    All the Best!




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  • WeShallOvercome
    10-30 01:36 PM
    Today, our AP status has changed to "Document mailed to applicant". Does this mean that they have mailed the approval document or is it an RFE document?

    For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.

    I got the same status yesterday. No email. I guess it is approval.




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  • krishnam70
    02-23 10:19 AM
    I want to transfer my H1 , I got aproject . But I dont have Jan Pay stub . I have up to Dec 2008. will it cause any problem for transferuess

    I guess your question has been answered many times.. If you do manage to get the H1 filed there will definitely be an RFE. Instead please try to speak to your employer and get the pay for the time you were off the project as he is legally supposed to pay your salary even if you were off project. You can always request payroll's run for backdated wages. If you are not able to convince your employer to pay you file a complaint against them at DOL and then apply for H1 transfer with supporting information so that the USCIS gets to know that it is not due to a fault of yours that you are unable to produce the pay stubs

    - cheers
    kris




    jtravers
    04-01 11:12 PM
    Actually folks staying in the UAE can apply to the U.S. consulate there even if they are not local citizens of UAE. The disadvantage of applying in the consulate in UAE is that the visa will be slated to expire when the UAE visa expires. Logic being that if your status in the UAE expires, your US visa expires. In addition, chances of rejection are higher since the only local tie you have to the UAE is your job.

    I would try to see if you could go to your home country and apply. If it is urgent, then you would want to try the US consulate in UAE.




    deba
    08-22 12:09 PM
    No new PIO card is required unless 15 yrs is up. Get it endorsed with the new passport # on your PIO card from the embassy/consulate.



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