Sunday, July 3, 2011

With No Makeup

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  • maddipati1
    04-08 03:04 PM
    it's catch-22 situation. its easy to get 797, but not VISA, entry to US and most importantly a job in this economy. same as housing, cheap prices, but no job security. not to state the obvious but, there is a reason why cap didn't reach in a day.

    a good idea though is, apply for H1, get 797 approved. Normally its for 3 years from Oct'09. But don't go for stamping for another year(not sure if u can wait on stamping) or the period legally allowed and don't try to come to US for another six months or the period legally allowed . So u can come to US in 2011, if its allowed legally. does any one know the law?

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  • traveldoc
    10-05 05:20 PM
    I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.

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  • iptel
    04-06 05:36 PM

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  • just_waiting
    01-04 09:50 AM

    Immigrants a Driving Force Behind Start-Ups, Study Says
    Tech Industry Clamors to Get More Visas for Foreign Workers

    By Krissah Williams
    Washington Post Staff Writer
    Thursday, January 4, 2007; Page D05

    About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.


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  • grinch
    05-17 03:07 PM
    Yeah, went a little to overboard with the gradients, and I think a thicker font would be good

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  • lee8191
    05-20 08:09 AM
    Hello, I'm Hyoung and I'm graduate student at Purdue University.

    I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.

    Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.

    At this case, do I need to follow applying procedure for a reinstatement with application fee $300?

    I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
    If there is some tips to resolve this issue that you can tell me, could you let me know?

    Thank you so much



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  • Rajwaitingon140
    09-21 06:26 PM
    Dec 21 2007 - EB2 Regular

    How come you have DEC'21'2007 I-140 date? date is NOT yer arrived or it is typo mistake?

    EB-3, I-140 still in process since Dec'2006 at NSC center.

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  • Sakthisagar
    10-13 02:19 PM

    The following website have everythng you need to submit along with sample documents

    Best of Luck.


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  • andycool
    04-08 12:15 PM

    I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).


    USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) ( D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

    Hope this helps

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  • ace007
    06-09 04:17 PM
    Hello Everyone,

    I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.

    I am excited to join the loooong queue forward!



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  • qplearn
    10-04 01:23 PM
    A key figure ( in the latest political drama was a key figure in immigration debate ( I wish he makes way and hopefully some moderate does something for the immigrant community.

    Just curious. Do you know of any reason why he might make way for someone else?

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  • neeidd
    07-09 11:38 AM
    One cannot work on H4.
    i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
    Thanks for your response, Nil


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  • Dolly20
    10-25 09:53 PM
    My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
    On June 1st, 2007 the approval notice was sent to my employer.
    Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.

    Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.

    Within what time line i need to apply for the same.


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  • pd_recapturing
    05-31 09:16 PM
    Are you sure, you are on H1B in US? Who did your H1B? You cant even write your question in plain simple English !!!

    I am Hiren Working as software developer.
    I have resign from company last week,
    But company don't given me experience letter , relieving letter.
    company simply refused my request and said to not possible.
    In another company required this letter.
    Also Company using illegal pirated software to make product ..
    What i have to do?
    What action i should take for this?
    Kindly help me ...


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  • mannubhai
    05-19 11:14 PM
    I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.

    My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?

    I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?

    I need your help and how can I make sure as I do not want to lose my job.

    Thank you,

    I think you will need a Visa.
    I remember a bulletin from a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the site for more information on this but i would advice going to home country.

    Other members - please let us know if you are better informed.

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  • Blog Feeds
    08-12 09:50 AM
    There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.

    How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

    But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.

    These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.

    Read the press release from USCIS here Download file (

    More... (


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  • loku
    08-16 08:04 PM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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  • Bpositive
    02-03 01:00 AM
    After security clearance what?

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  • snathan
    03-19 03:27 PM
    Hi Sir,

    I have a question regarding H1B transfer and should I go premium processing or not?

    Here is my case:

    I was laid of from Company A (not consulting) last week. I have all my past pay stubs. That was total shock to me and got me off-guard.. It took me few days to find a consulting company B which is willing to transfer my H1B.

    As any big company, A is quite prompt in sending revoke letter so I would assume they would be already doing it by now. Company B will be sending transfer papers tomorrow(Friday) or Monday.

    My question is should I go with Premium Processing or not? I just dont want to take any risk where USCIS denies my case. Is premium processing going to help me here or not.

    Thanks a lot in advance.


    Dont you think the PP will give you much faster results, peace of mind and you don’t have to wait anxiously for months...

    08-08 09:42 AM
    Hopefully your check is also cashed soon ...

    BTW did you get the receipt no ?

    Thanks for keeping us posted

    03-18 10:12 AM
    I submitted an AR-11 (address change) form on 3/13/2008. The LUD changed the next day to 3/14/2008.

    However, the LUD changed again yesterday to 3/17/2008. Has anyone had experience with AR-11 and LUD updates. If so, please share if multiple LUD updates are the norm for AR-11 changes....


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