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Monday, July 4, 2011

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  • martinvisalaw
    06-30 11:28 AM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.





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  • India_USA
    04-28 12:59 PM
    i 94 is for each person, so yes, your dad and mom have to have i 94 separately





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  • Blog Feeds
    06-10 06:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.

    USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS.

    Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.

    Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.

    ***All information has been taken from USCIS.GOV





    More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)





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  • needhelp!
    01-14 09:42 AM
    Thanks sunny. Donated at American Red Cross site. Urge you all to do the same.



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  • hindu_king
    06-03 04:53 PM
    I got an RFE in Oct 2008 and responded to it. I a, hoping that I'm not going to get another RFE and also hoping that my application is pre-adjudicated and once the visa numbers are available (within one to ten years?!), i'll get the GC.





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  • Robert Kumar
    03-23 07:29 PM
    Travelling via UK is OK as long as you have GC or a valid US Visa stamped in the passport. Even if flights are delayed, staying at the airport is no problem. The problem is not in UK but at the time of boarding in home country. Once you are on the plane....you are fine.

    Thank you.

    Which medical insurance is good these days, that pays in the US itself, and no claims business in India, god forbid.
    And does it cover pre-existing conditions.

    Thank you,
    Bobby.



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  • izolo
    06-04 02:10 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me





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  • venky321
    08-16 01:17 PM
    The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.

    It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.



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  • Blog Feeds
    06-05 01:40 AM
    A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.

    What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.

    In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.

    Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.

    Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)




    More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)





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  • gc_in_30_yrs
    02-28 03:25 PM
    The easiest solution would be going to MataMoros, Mexico for stamping. This is the best option for us. Easy, affordable, and takes only 1 day. India, you need to answer several questions, interview to be attended, and ofcourse, they treat everybody as though the person requesting for visa is a criminal.

    I went to mexico couple of days back, and it was done easily



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  • Kapils573
    09-02 12:28 PM
    What is the phone number to contact the customer representative?

    Pls guide.

    Kapil


    They will go to ur michigan address i guess.
    Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.





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  • dhoniboy
    07-24 04:36 PM
    My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.



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  • pritesh80
    02-06 09:10 AM
    URGENT HELP

    Its a simple case. I read all the posts on this thread but I dont think I got an answer I want. Here is my dilemma -

    Scenario: I currently work for Company A. I interviewed with Company B and they are ready to file for my H1b transfer but they need me to join within the next 3 weeks. Today is Feb 6th 2008.

    Question1) Is there anything like a H1Btransfer or is it a brand new application??

    Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?

    Question3) When can I start working for Company B?

    Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?

    Thanks in advance for your response.





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  • shined129
    07-08 05:01 AM
    Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?



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  • laborchic
    09-25 09:40 AM
    Will definitely join the conference call.....

    It starts at 9pm thats when your free cellphone minutes start... Come on use your minutes.. :D just kidding guys..





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  • bodhi_tree
    02-21 10:55 AM
    I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.

    My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.

    Would appreciate if someone knowledgeable would comment.



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  • TomPlate
    10-03 07:38 PM
    I filed i485 after my i140 approved. But my company was sold to an other company. Till my company didn't file i140 amendment.

    Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.

    what may be the problems.

    Administrator can you respond if no one respond. Thanks for your help.





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  • crystal
    09-01 06:00 PM
    They will go to ur michigan address i guess.
    Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.





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  • augustus
    07-09 04:07 PM
    Dear fellow IV members,

    I was just referring to my first application for EAD filed by my lawyer (july filer)

    For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?

    But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.

    I have not traveled outside the country after renewing my H1-B.

    Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?

    Thank you!!!





    ajay
    11-30 12:29 PM
    Folks,
    Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.

    I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.

    I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.

    PLEASE advise.

    Thanks!
    Try this O*NET OnLine (http://online.onetcenter.org/)





    santa123
    06-17 10:02 PM
    It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....

    Thanks!
    But I am with my current employer for the past 5 yrs (In India & US together)!!!
    Is that exp not counted at all?:confused:
    My GC is for future employment with another employer though...



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