Tuesday, June 28, 2011

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  • bharat2008
    08-17 07:25 PM
    Hi all,
    I am currently out of USA.My new employer has submitted H1 Transfer and extension of stay.
    The petition has been approved along with new I-94. I have the original I-797 with me .

    I understand that we have to surrender I-94 before leaving USA.But in my case I got I-94 after I left USA.Now I need to go for visa stamping in India.

    Should I submit the new I-94 to the US consulate in India?

    Please advise.

    Thank you




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  • roseball
    08-06 10:20 AM
    In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

    My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

    Can I file another petition if this petition is rejected?

    Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.




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  • cr125rider
    04-24 10:40 PM
    I like how it is really 2, quite different from the rest




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  • GC_1000Watt
    03-30 03:12 PM
    Hi,

    I am working under H1B visa and got married December last year. My wife applied for her H4 visa this month and when she got to the embassy for the interview, the consul checked and commented on the font size of her address in our marriage certificate. She said it was smaller than my address (well, she got a longer address before we got married, maybe that is why the census made it smaller) and said to my wife that it needs verification. The embassy then took all documents (her passport, our original marriage cert, etc.) and said they will call her when she needs to return for interview again.

    Has anyone of you experience this? If so, any ideas how long it takes for them to call? BTW I'm Filipino. Thank you guys and God bless

    I guess you should be fine once they gets satisfied with cross checking.
    By the way can you please tell me in short the procedure you followed to have your wife attend H4 visa interview.
    Thanks!



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  • piyu7444
    03-16 11:51 AM
    Hello all,

    I am looking to consult an attorney.
    Does anyone know anyone around Edison area in NJ.
    I did google and found
    - Tewari
    - SK Gupta

    Does anyone have any experiences with these attorneys. Please advise.

    Thanks.

    Dont know how far edison is to this lawyer...........(map.google.com)

    If you are on EAST COAST (NJ/NY) I highly recommend RK LAW and in particular POLLY CHAN / Shirley

    http://www.rkalaw.com/

    RUBIN, KAPLAN & ASSOCIATES A PROFESSIONAL CORPORATION

    200 Centennial Avenue, Suite 110
    Piscataway, New Jersey 08854-3950
    (Middlesex County)

    Phone: 732-463-7511
    Fax: 732-463-7648
    Email Contact:
    Shirley Yu - syu@rkalaw.com
    Polly Chan - pychan@rkalaw.com


    Polly is smart & will asnwer all your questions + will help you as much as she can. If she does not have full info. on any item she will find out & then call you back with accurate information. Whatever information/answer she will have for you will be 100% reliable/accurate.

    I have had chance to work directly with both the above mentioned lawyers and have had EXCELLENT experience. I actually never had any problem with my immigration lawyers. :)

    If you need more information feel free to contact me.

    Good Luck! :)




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  • rkotamurthy
    08-14 01:32 PM
    /\/\/\/\ Bump



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  • anurakt
    12-31 03:20 PM
    Will the core team be sharing their strategy for 2007 with the members?


    I don't think core is going to spill it's strategy on the forum for world to see. I would suggest you to join local chapter to know how things will be performed. :)




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  • jnraajan
    03-24 05:24 PM
    Yes. Every single day spent outside the country can be taken into account. Even though, I was never in danger of reaching the 6 year period, when I applied for my 7th year extension, USCIS did include 6 weeks of vacation time to my approval.



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  • martinvisalaw
    07-08 07:10 PM
    See the answers below, IN CAPS

    I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date

    1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.

    NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.

    2) I am on H1 status will it be a issue at POE to have gone for this long

    IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.

    3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good

    SEE ABOVE.

    Kindly let me know your advice in this case




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  • jgh_res
    07-19 11:03 AM
    Hi,

    My U.S. born son is travelling with my friends from India to USA. He had gone to India for summer vacation. Would anybody have any sample letter for addressing to immigration authorities that we authorize his travel along with my friend.

    Thanks.



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  • sanz
    03-10 04:06 PM
    Everything makes sense to us ... i hope some sense comes tot he folks manning the immigration process.




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  • hoolahoous
    11-09 02:43 PM
    not a lawyer so take this with grain of salt.

    she need to request her passport back and can travel back on AP if it is urgent.



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  • andycool
    06-04 04:07 PM
    All this inventory etc dosent make sense ,

    Pending EB2 cases for china are around 2000 as per USCIS inventory .
    but as per DOS Demand data its only 500 ..

    God Knows whats Happening .

    Thanks




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  • coolfun
    01-28 07:47 PM
    Hi,

    I applied for my first EAD in May 2007 and had FP done in June 2007. I am now applying for my EAD renewal. Will there be another FP for the renewal?

    This is really urgent as I am traveling to India in April for a month and I don't want to miss the FP appointment. Please let me know if you have info on this?

    Thanks.



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  • seahawks
    07-24 08:44 PM
    Alien registration number is found either on I-140 receipt/approval on top of beneficiary's name. If you're not sure, just leave it blank or put N/A. This is different from I-94 number.

    concur it is the I-140 A# number if you have the approved I-140, otherwise check with your employer if they have the I-140, or leave it blank if your I-140 is approved.




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  • chapper
    07-23 02:29 PM
    My suggestion: Get some tabs from a store ... label them..and finally...paste them eg: http://www.3m.com/us/office/postit/products/prod_ft_dur.html



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  • m306m
    07-25 09:29 AM
    Your parents can visit you for short trips as often as they like (within reason). But if they stay for an extended period (ie. the full 6 months stamped on the I94), then there is an implicit time gap requirement. In other words if your parents stay with you for 6 months then go back to their country and return to the US after 1 month, most likely they will not get a 6 month stamp the second time. In this scenario they might have plan their trip back to the US after 9 month or so. On the other hand if your parent stay with you for 1 month in the US, then leave for an other country and come back in 15 days, they should not have a problem with re-entry.

    G'luck!




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  • pa_arora
    06-25 01:45 PM
    When we use the recent I94 (from the H1), do we need to say "were you inspected by an immigration officer?" as "yes"?
    The start date for this should be the date of entry at the airport or the start date on the recent I94?

    You were inspected by the immigration officer thats how you got the I94, there is no I-94 vending machines out there, atleast that I know of.

    Your second question is not clear. Ur Date of Entry is ur start date of the I-94, so whats the question.




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  • dreamgc_real
    04-28 09:35 AM
    Hello,

    My original H1B visa was issued to me on Oct 1st, 2010 and is valid till Sep 30th 2010.

    I got a new job in 2009 and they applied for my H1 transfer. It was approved and the new dates on the new I797 are 10/01/2009 till 09/17/2012. I went to India after that and when I returned, I got a new I-94 off course which was stamped to be valid until Sep 30th 2010.

    Now I am nearing the end of my original H1B visa issued by my previous employer and stamped on my passport this coming October. I am also planning to go to India in this coming June. Will I will have to get my visa renewal stamping done this time if I go to India? Will I need a new H1B stamp on my passport from my new employer on my passport to come back?

    I really appreciate any words of wisdom from all you learned people on this forum. Thanks in advance!
    -Jatin

    You probably have to get your passport stamped for visa renewal.




    stxvr
    08-08 08:47 PM
    Please help ....




    Ann Ruben
    03-30 09:17 PM
    yes, I did mean 12/2011.



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