Saturday, July 2, 2011

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  • bkshres
    10-07 03:59 PM
    Any suggestion whether to switch attorney after using AC21 and moving to new company?




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  • surabhi
    11-06 09:40 AM
    Anyone out there knows the answer?

    I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.

    YOu can get second H1 for part-time. Ensure that the hours are correctly represented. New h1B will not be against quota. Review the I-129 application form. You will realize under what circumstances will you come under quota.




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  • bhagat69
    04-23 12:21 PM
    Please can you tell me how I can start my own thread




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  • desi3933
    02-11 06:48 AM
    Can PERM / 140 be filed by company while I am outside the US?

    I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

    .....
    .....

    Your attorney is correct.

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • kondur_007
    03-09 06:38 PM
    You need to speak to a very good lawyer before doing this.

    As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).

    Doing so will violet H1B status.

    So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.

    This is technical law...just so you know.


    Good Luck.

    PS: I like your idea and I admire your dream.




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  • asdcrajnet
    07-06 06:14 AM
    I am from India...Here are some details.

    The travels in India will help a lot in these matters.

    My parents got from ICICI. I also heard that Reliance is good to.

    The insurance mainly covers the hospital charges in case of hospital admission. Not that great for office visits.

    If the age is more than 60, the insurance is almost doubled..



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  • GoGetGC
    02-19 09:49 AM
    Hello,

    My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.

    I have to visit my home country in May 10 and i wanted to go with my new h1b documents.

    Can you please suggest if i can file now or is there really a timeframe before we file?

    Sorry forgot to mention, I have approved I140.

    Thanks for your time and suggestion!

    GoGetGC




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  • battineni
    06-21 01:49 PM
    Thanks alot for your detailed reply.

    jus FYI...I didn't file AOS, so thats why I'm worrying to change the employer with the approved 140.

    My new employer (Company "B") ready to start the process again, but would like to keep this PD.

    Once again thats for your reply.



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  • AllIzzWell
    03-08 11:19 AM
    Gurus,

    I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.

    Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).

    My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.

    Any input/advise is appreciated.

    Thanks




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  • nain
    03-27 04:46 PM
    I am on H4 visa and my husband is on H1 visa. My husband is working in N.Y. city as a programmer analyst.

    I am pregnant by 5 months. I have following questions :-

    - Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.

    - By applying Medicare does it affects my husband green card process or in future citizenship.

    Thanks for your time and efforts to answer my questions.



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  • indio0617
    01-30 12:15 PM
    If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?

    Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .

    Thanks.




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  • aksvk
    09-22 12:06 AM
    Hi,
    I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?
    Thanks!



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  • gcnirvana
    05-03 05:46 PM
    All,
    I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.

    My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.

    Appreciate your help

    Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!




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  • ABC of GC
    08-27 02:18 PM
    Dear new member,

    This issues is discussed in very detail in one of the threads recently, so please do your research and find out.



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  • cchaitu
    03-18 12:10 PM
    I also had two LUD's after I submitted the AR-11 form. It took two days more after I submitted the AR-11 form

    Karthik


    I also got LUD once I have submitted AR 11 but I only has LUD on my I765, I131 not on I485, But I did received confirmation from USCIS that my address got changed for pending App (i.e. 485)..Should I be worried...since I didnt get any LUD on 485....Please help




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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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  • Ann Ruben
    08-05 02:34 PM
    Based on the information you have provided, I do not think there is any cause for you to be worried about being deported.

    However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".

    So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.

    If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.




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  • gccovet
    11-03 08:03 AM
    Hello,
    Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.

    Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.

    My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.

    Please advise.
    Thanks


    In my opinion, leave it as it is.

    also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.


    check out http://immigrationvoice.org/forum/showthread.php?t=22182

    Thank you for your support.

    GCCovet.




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  • roshnichowdhry
    10-05 06:26 AM
    Thanks for that information! How long did it take you to get it stamped? Did you have to book a date with the consulate there? Can you give me a little walk through?

    Thanks again
    Roshni




    Ann Ruben
    03-29 07:42 AM
    First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.

    At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
    who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.




    saurav79
    04-02 01:56 AM
    Hi. I have been on H1b with Company A since May, 2008. My visa and I797 are valid till Sept 24, 2009. There is no bench/pay roll break in my employment. I want to transfer my H1b to Company B. Should I use premium processing or regular processing? I have heard that many premium processing cases get a RFE. Is it true? This is particularly important given the bad economic landscape and news/rumors of large number of H1b transfer/extension refusals.



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