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srini1976

03-26 10:41 AM

Just check if the physician fills out the I-693 form without errors and signs it appropriately.

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golgappa

11-17 04:59 PM

talk to some lawyers, or research internet, there are some number of days, after your visa expiry or H1B rejection that you need to pack and leave...find out if that applies to your case..

also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..

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ho_gaya_kaya_?

11-27 10:08 PM

I hope you have good lawyer on your case

We had a similar situation
My wifes app got separated from mine
since we had used a single check- my app was returned (the fees was double the amount!!!)
After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.

But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
and he used to exchange emails with the supervisor's office on this

Is his PD current ?
If yes- then you should be fine.
If not- then it gets kinda tricky- though not too much
You have to prove that your app was lost and you are reconstructing the case

Keep in mind that that you will probably have to withdraw your app and refile with him
And that sooner or later- your husband's original app is going to show up
And at that time - you will have two active apps- but nothing that cant be sorted out...

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hebron

07-27 07:00 AM

Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.

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immigqindenver

03-15 02:24 AM

Hi Guys,
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.

Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.

Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?

Thanks.

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solaris27

12-05 11:45 AM

Q1. should i file under "Spouse of U.S. citizen/resident alien" or "Dependent/spouse of a nonresident alien holding a U.S. visa".

Dependent/spouse of a nonresident alien holding a U.S. visa


Q2. what are the documents I need to submit with the W-7 form.
IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

National identification card (must show photo, name, current address, date of birth, and expiration date)
U.S. driver's license
Civil birth certificate
Foreign driver's license
U.S. state identification card
Foreign voter's registration card
U.S. military identification card
Foreign military identification card
Visa
U.S. Citizenship and Immigration Services (USCIS) photo identification
Medical records (dependents - under 14 years old only)
School records (dependents and/or students - under 18 years old - only)


Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.


No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return

Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342


Q4. How much is the fee for the ITIN no.

FREE

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waiting4gc02

10-12 03:05 PM

WRONG!!! What date did Fed Ex (or any carrier) leave ur pkg at the Service Center? That's when ur 6-month countdown begins.

So that means it starts prior to Dec'9th for my case..????

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sangfroid

01-17 04:43 PM

well that is what I am saying.

The job says it needs a person with Bachelors degree with 5 year of experience in servers and also 3 years of experience in network security.

I met those both criteria before I joined the job.

Now the question arises, which one I fall under ? EB2 or EB3 ??

:confused:
The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.

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newbie2020

08-31 07:06 AM

The General rule is You are eligible for H1B extn if the following conditions are met

a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions

b) Labor and I-140 approved in that case it will be 3 yrs extensions

Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.

These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)

Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case

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neel_gump

07-07 11:14 AM

Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.

Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:

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pd052009

11-18 07:08 AM

FI...I got my DL yesterday, 40 days after giving DMV tests.

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ddd27

10-26 10:14 AM

Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?

Any other points/instructions that you think are important please let me know.

Thanks in advance for your help. :)

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txh1b

08-19 02:07 PM

Fedex is fine. Proof that USCIS got the application is enough to use H1b portability provided you were in valid status and were getting paid.

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dilbert_cal

05-19 01:09 AM

Laurie A. Bonilla


Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567


Phone: (650)903-2232

Fax: (650)903-2239


She is a great lawyer.

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BNB326

08-20 03:06 PM

Hello, Thanks for your reply

Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.

And are there any other options if i did not get a job to transfer my H1B?

Thanks

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lazycis

01-26 07:51 AM

my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "


is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...

plz help, hope i posted in the right sub-forum this time..

I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).

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lecter

January 5th, 2005, 06:57 AM

I agree, it starts well and fails to deliver as it needs something to differentiate it.....

Rob

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roseball

03-31 11:11 PM

Hi please can anyone kindly help? My husband would like to transfer to another company, but his current company is paying him lower than the prevailing wage. They said that the base salary plus overtime were meeting the prevailing wage requirement, but according to DOL regulations, the prevailing wage shouldn't include overtime pay. If the H-1B transfer petition is filed by the new company and we submit the current pay stubs which show a lower pay, will that be a problem? What are the possible solutions without making the current company pay more to make up the #s (they are not willing to do so)? Just don't want to get into trouble and get investigation involved.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!

I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.

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techchaat

11-17 08:24 PM

Hi,

This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:

Is it OK to go for H1B stamping with this I-129?
What are the possible options to correct it?
Will this be a problem for my Green Card processing?

Please let me know if any further details are required from my side.

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svam77

12-04 05:35 PM

Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.

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deardar

04-20 11:19 AM

I entered into my 7th year few months ago and I have an approved I-140 and also 3 year extension.

I dont have any documents of my approved labour or I-140 and I dont expect to get it from my employer either.

Q1) In case I change my employer and go for stamping, will he ask me for any of the above documents as approved I-140 or Labour?

q2) In case I happen to start my GC process again( assuming in yr 2007 in EB3), will how long will it take ( approx) for my PD to become current ?

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Kristen Stewart,

ronhira

07-29 11:04 PM

Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)

Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)

Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)

University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)

University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)

Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)

Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)

Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)

numbers don't lie....... the latest is that indian students are going to other places in the world.... and indian students no longer consider US as the top destinations.....

No. of Indian students going to US falls, rises for UK - India - The Times of India (http://timesofindia.indiatimes.com/india/No-of-Indian-students-going-to-US-falls-rises-for-UK/articleshow/6234927.cms)

y should anyone be surprised with these numbers?

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Ryall

09-30 01:59 AM

Wacom is just that good. Period.

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bkarnik

10-26 10:03 AM

I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.

Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.

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Blog Feeds

05-05 06:50 AM

The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.

This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.

Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.

If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.

Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.

Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.




More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)

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ychuck

04-28 08:06 AM

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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rayoflight

02-02 04:41 PM

Hi,

Couple of things he need to check.

1) Annotation on the visa i.e the name of the company sponsoring the visa or its blank.

2) Is it B1, B2 or B1/B2

B1 is for business where as B2 is for Visiting. B1/B2 allows both.

Cheers,
Rayoflight

P.S Please contact an attorney for legal opinion as I am just sharing the knowledge what I read online.

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sukhwinderd

11-15 04:00 PM

has anyone thought about this :

if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.

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lotsofspace

12-31 01:34 PM

??

Just added. You are too quick :) :)
For some reason I could not add the poll options until I submit the message.

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arnet

12-20 05:52 PM

publish:

"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"

to counter: (same article in 3 places)

http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532


http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521

...appreciate it

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ya3

04-09 07:06 AM

ROFL! LOVE the IE+ads stamps :thumb::D
FF and TB one's look slick, too ;)

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martinvisalaw

06-05 05:03 PM

It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.

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life99f

07-15 11:09 AM

Guys, here is another post about DC rally:

http://immigrationvoice.org/forum/showthread.php?t=6212

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dionysus

06-14 12:21 AM

Just be truthful in your applications and things will be fine.

If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.



Hi,

Situation- PD Current and eligible to file 485

Married but seperated. What should that person mention in the form?

If he mentions his wife's name on the form, would she get GC as well?

Does he need to submit any docs for his wife? Currently planning to file for himself only.

Please advise

Thanks

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vedicman

08-10 08:32 AM

H1B status alone shouldn't cause any problems for re-entry, that is just my opinion though.

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Maqrkk

06-22 07:39 AM

You have my vote, awesome picture!

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noida123

07-29 07:06 PM

The Original Post said he was contracting for Federal Govt. It is possible to contract with most Depts on H-b, EAD , GC regardless of your immigration status.

It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.

Regards

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jwalareddy

05-18 02:30 PM

Recently i changed my employer using AC 21.I received an RFE we replied for that.While this RFE in progress I changed my wife address to new and I didn't change.My employer attorney won't handle (represent) dependent applications.
Please help me.
Below is the RFE,

1) Submit any secondary evidence in your possession to support the information you have provided about your marriage and claimed relation ship to Jwala Pogula, the principle applicant.
Secondary evidence will be evaluated for authenticity any credibility. Such evidence my take the form of historical evidence and must been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to: medical records, school records and religious documents.Affadivits may also be accepted provided that they are sworn to by persons who born at the time of and who have personal knowledge of to which to which they attest. Any affidavits must contain the affiant�s full name and address, date and place of birth, relation ship to the party on whose behalf they are attesting , If any complete details concerning how the affiant acquire knowledge of the event.
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
3) Please explain why you have requested to represent yourself and your spouse has to retained an attorney to represent himself?

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senthil1

02-18 09:59 AM

Basically it will be approved as master degree if you have 4 year Bachlore degree and 2 Year Master degree. Any others are risk of approval. Also the job requirement should need Master degree with higher pay(compared to Eb3). I heard some Indians who had MSC was approved in EB2 but I heard lot people got rejected because they it is 3 +2 years term.

Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(

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ajju

09-24 07:38 PM

I believe its a good idea to wait for the RFE since that would be the right way to go about this.

When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)

Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.

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fittan

03-20 12:40 PM

No problem. AC21 doesn't care about location change and some salary change won't raise any red flag. Since your title and job duties are the same, you're all set.

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gbof

08-26 10:56 PM

My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21. Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.

There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer

Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...

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GCmuddu_H1BVaddu

05-23 09:01 PM

Terito


How come MS + 2 = BS + 7...?

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MTsoul

04-03 01:15 PM

http://www.eboris.com/images/mail.gif support@eboris.com (support@eboris.com)
http://www.eboris.com/interface/icq1.gif 55054820 (http://wwp.icq.com/scripts/contact.dll?msgto=55054820)
http://www.eboris.com/interface/icon_messenger01.gif borisbord@msn.com
http://www.eboris.com/images/phone.gif (805) 984-4166
http://www.eboris.com/images/fax.gif (888) 287-0699
You've got your own 800 numbers! That's so kool!

Okay, this is a bit off topic, but where did you get those? :p:

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validIV

03-20 02:29 PM

Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.

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americandesi

09-15 02:06 PM

Big mistake. Yes, your lawful stay in US ends on 30-Sep-2007.

With the Visa from company A expiring on 30-Sep why did you travel without getting the H1 papers from company B in hand?

You should have done either of the following

1) Got H1 stamping from company B before entering US (or)
2) Entered US with company A’s VISA (before it’s expiry) and company B’s H1 approval notice, so that the officer could stamp the I-94 as per company B’s end date.

All that you can do now is to leave the country before Sep 30th and renter US with VISA stamping from company B.

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dngoyal

08-17 02:45 PM

I applied for 485/EAD/AP in the month of June'2007.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.

At this time, I need to travel out of country for urgent reasons,

how it will work.

I have H1B stamped on my passport which is valid till March'2010.

Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.

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reewik

February 11th, 2005, 07:21 PM

I like it. Very nice shot.

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fasterthanlight�

05-16 04:20 PM

Font could definately use some work. I'm so sick and tired of times new roman being everywhere. The only thing its good for is essays.

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santb1975

03-14 06:43 PM

This is awesome

IV Members from Nebraska,

I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.

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techchaat

11-17 08:24 PM

Hi,

This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:

Is it OK to go for H1B stamping with this I-129?
What are the possible options to correct it?
Will this be a problem for my Green Card processing?

Please let me know if any further details are required from my side.

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lazycis

06-24 12:50 PM

You can do that using your EAD but that could be considered a violation of H1 status. Not big deal if you do not need to maintain H1. If you want to keep H1, you cannot do that unless you are willing to re-validate H1 later on by leaving US and re-entering on H1.

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new_horizon

04-06 04:11 PM

Normally at the POE they scan the visa page to get the info. I think just the page being damp wouldn't affect the machine reading. But if you are so concerned you can call the nearest consulate in your home country, and inquire about it.

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Wiz Khalifa was spotted out

gaz

09-03 10:48 AM

thank you

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kanye west wiz khalifa Rumor:

hebron

07-27 07:00 AM

Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.

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GCBy3000

07-27 10:50 AM

People who are in US just for conversion rate can now think of this move. I USD = 39.4 INR, 1 Canadian $ = 37.xx. Not a big difference.

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Wiz Khalifa was spotted out

katrina

06-15 04:53 PM

Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.

Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.

Please eloborate.

Thanks!

You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.

if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.

Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.

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gc_coming

08-30 11:13 AM

This shouldn't cause any problem... My GC was approved in August while i was in India. On my return two weeks after the approval, the officer allowed me in on AP. I showed him the printouts of my approval email and he said you can use your green card next time you go out of the country.

Hope you get your approval soon

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vvenkat007

05-12 10:50 AM

Thanks for the info. Its very useful.

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