Thursday, June 30, 2011

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  • raysaikat
    11-13 02:34 PM
    Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.

    Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.


    After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani




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  • lazycis
    05-14 12:33 PM
    Hi,

    My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.

    Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?

    Whats the right way of handling this?

    USCIS regs require skin test results. The easiest way to take care of the RFE is to do what they ask for.
    As for G-28, you should send a new G-28 with your name as both representative and applicant to the service center where I-485 is pending.




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  • sd1020
    02-26 02:11 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.




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  • pappu
    07-02 09:58 AM
    please do not open threads on the same topics. They will be closed. Do a search on the forum and you will find your answers. Or post in threads that are discussing your topic. It will help keep information in one place and well organized.



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  • dazed
    11-20 01:28 PM
    My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.

    Thank you.




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  • h1bdude1
    03-25 06:04 PM
    I will be going to Civil Surgeon Next week for my Medical Exam Report (I-693). I saw lots of people got RFE (Query) from USCIS for Incomplete I-693. most of the time i heard its a Surgeon Mistake - either missing chest X-Ray Report or missing signatures or not standard X Ray Report and so on.

    1. Could somebody Recommend me any Precautions which i need to take
    while visitng civil surgeon office to minimize mistakes.???
    2. Do i need Chest X-Ray Report from civil surgeon ??
    3. what else i need from civil surgeon ??


    P.S : Mine is a Family Based AOS



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  • dohko
    04-29 07:42 AM
    I got the following message, does this mean they're sending me my green card? Or I have to wait until they say Card production ordered?

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On April 23, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.




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  • sr1973
    07-23 12:22 AM
    I just created this thread but unable to see in the main page. If anyone seeing this thread, please post.



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  • LostInGCProcess
    11-12 12:21 PM
    Your new company must sponsor your H1 before the old company send the request to cancel your H1.
    Once revoked, you have probably couple of weeks to pack up. So, its best you get started on the new H1 before the old H1 is revoked.




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  • Munna Bhai
    01-25 09:19 AM
    Any more thoughts??



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  • Munna Bhai
    07-12 07:47 AM
    Hello,

    Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.

    Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.

    a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?

    b)What are the other backup plans we can have.

    thanks for your time.

    -M




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  • gcadream
    05-02 03:45 PM
    Hi,

    I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
    For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?

    If I travel to india for visa stamping with old LCA I can be put on hold.
    Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.

    Waiting to hear back on this ASAP please !!!



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  • pramodirt
    07-02 09:46 AM
    Hi All,

    I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.




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  • gcformeornot
    08-08 09:32 AM
    If one changes to a new employer after 180 days,

    How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?

    After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).

    for 6 months. and W2 if applicable.



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  • LegalIndianInUSA
    09-11 10:29 PM
    http://www.uslawnet.com/Englishhome/News/messages/234.htm

    Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
    http://www.murthy.com/news/n_efftrv.html

    But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.

    My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be

    1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?

    2. Get an Infopass appt: Again, an IO may not be the right person responding to this

    3. Contact the USCIS director : possible? how?

    4. Contact AILA

    5. Contact the Ombudsman

    If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.




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  • ajithkumar
    04-26 05:49 AM
    Hi

    i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...

    both the companies A and B are operated by same person..

    I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
    The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..

    My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
    after 3 months the new delhi consulate sends me a visa denial letter
    stating that

    we are not able to issue you a visa because:
    your petitioner doesnot either be able to provide qualified employment in USA
    I129 petition filed on your behlaf has been submitted to USCIS...


    My original I797 was returned to me at the time of interview

    my question:

    Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???


    WHAT OTHER OPTION DO I HAVE...


    Please let me know



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  • trivial science
    12-09 05:34 PM
    Hi there,

    I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.

    No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.

    Drive safe and Best of luck!!!
    trivial




    Hello Guys,

    I didn't find any thread on this topic, if there is one please give me the link.

    I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
    Please share if anyone has done this.

    Thank you in advance.




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  • ranand00
    09-01 08:41 PM
    Hi I am a Physical therapist on H4.

    company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.

    can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years

    What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).

    Once the h1 is approved can i work in any of the 2 states.

    How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved

    What problems could the approval face

    Thanks
    pt




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  • Kapils573
    12-12 06:43 AM
    Hello everyone,
    My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
    My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.

    Guru's pls guide

    Thanks

    Kapil




    cilantro
    09-28 05:16 PM
    My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
    What can I do in this situation? Please advise.




    smrryl
    01-07 09:19 AM
    Hi,

    I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
    Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.

    1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
    2. Had to visit india and need to go for stamping, how is mexico in my case?
    3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?

    Thanks in Advance.

    smrryl



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