Wednesday, June 29, 2011

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  • dummgelauft
    07-24 08:47 AM
    Short visits outside US, while within contigous North American territory, are not treated as " exit". So, you are fine.




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  • Blog Feeds
    11-08 03:30 PM
    So is the economic downturn over already, if you look at the recent H1B filings it may well be the case. United States Citizenship and Immigration Services (USCIS) has updated its periodic count of FY2010 H-1B cap (http://www.h1b.biz/lawyer-attorney-1137085.html) filings, revealing that there has been a significant increase in the rate of filings during the month of October 2009. USCIS has stated that it has received a sufficient number of petitions to use all of the available 20,000 H-1B numbers that are reserved for individuals with advanced degrees from U.S. colleges or universities, which means that the "advanced degree" H-1B cap for FY2010 has been reached. H-1Bs for individuals with advanced degrees from U.S. colleges or universities can still be filed, but those petitions will now count toward the general H-1B cap of 65,000.

    Around 6,200 cap-subject H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions were filed in October 2009. This is a significant number, especially when compared to the only 1,500 filings received by USCIS in September 2009. In total, as of October 25, 2009, approximately 52,800 H-1B petitions that count against the congressionally-mandated 65,000 limit have been received by USCIS. This leaves only around 12,000 H-1B cap numbers for FY2010, without taking into account the 6,800 H-1B cap numbers that are reserved for nationals of Chile and Singapore. If all 6,800 of these "reserved" numbers are removed from the 65,000 cap along with the 52,800 H-1B cap petitions already received, there are only around 5,400 FY2010 H-1B cap numbers remaining.


    As a practical matter, USCIS will likely accept well more than 5,400 additional cap cases in FY2010, as the number of cases USCIS will accept anticipates that a certain number of filings will be withdrawn or denied. Additionally, nowhere near the full 6,800 Chile/Singapore numbers have historically been actually used by nationals of Chile or Singapore. Thus, most of those numbers are applied by USCIS to the general 65,000 cap.


    While USCIS is still accepting H-1B petitions for FY 2010, the recent jump in filing means that by mid December or so we will have no Visas left. My advice go ahead and file now.





    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_advanced_degre_1.html)




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  • vikramy
    06-10 12:17 PM
    Hi,

    My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.

    Can i find other company and file a different H1 transfer based on my old company valid H1?

    Please Advice.




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  • Rockey
    02-29 01:37 PM
    Hello Gurus,
    I have a strange situation, request advice, suggestions and ideas from expertise...,

    My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
    Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.

    In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?

    or Do we have to say 'Yes' Mandatorily else will it create problems??

    Please show some light on this..

    Reg
    Rockey.



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  • ras
    04-12 02:44 PM
    Some where I read that there is no fee for renewal of AP. I am a Jul 07 filer and am not sure about this. Further already applied last for Advance parole and travelled till it got expired last month. I am applying for a new one again. So just wanted to know if I need to pay the fees $305.
    So my questions are:

    Does the July 07 filers need to send the cheque for $305
    Should we also include Biometric fee of $80?

    And how much time is it taking these days for AP/

    Thanks in advance




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  • hsadan
    09-30 10:25 AM
    that wouldn't be too original, would it? ;)



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  • gc_check
    11-26 05:24 PM
    Folks,

    Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.

    Folks, please share your experience on this.

    Sorry for the new thread, if this had been discussed on other threads as well.

    Thanks,




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  • tdasara
    08-10 08:57 AM
    With not many 'easy' H1b cases anymore. This looks like another route for the 'attorney' to get more clients, selling fear!



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  • masterfender
    04-28 03:19 PM
    Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.




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  • cooldudesfo
    12-22 12:20 AM
    Hi,

    Need quick suggestion:

    Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

    I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

    I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

    Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

    Please advice.

    V



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  • i_have_a_dream
    08-10 11:21 AM
    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.




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  • pd_recapturing
    01-14 04:20 PM
    Well, there is no requirement from USCIS that forces companies to revoke 140 after employees leave or get laid off from the company. Its more to do with ability to pay issue. When a company receives a ability to pay rfe, it needs to show all the financial records along with how many 140s have been applied by them. USCIS checks the financial docs and number of 140s (underline wages) to make sure that company can pay wages. Most of the time, small time consulting companies get A2P rfe so mostly they revoke the 140s but in this economy, we can't be sure about big companies too.



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  • wandmaker
    08-15 10:43 AM
    I have a question regarding employment and I-485 approval. For travel, one can take the I-797 approval notice and get their passport stamped if the physical green card has not arrived yet.

    How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.

    I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.




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  • REEF�
    05-10 04:24 PM
    :lol: Good job!



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  • Since1997
    09-28 04:09 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D




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  • gc_chahiye
    07-26 10:56 AM
    this is a little bit off topic, but does anyway know what are the requirements for practicing immigration law in the US? What kind of formal training and bar exam passing etc are needed?

    With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).



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  • JazzByTheBay
    09-12 12:02 AM
    Just trying to do all I can... we're all in it together. :)

    jazz

    Thanks for the pictures and your blog.




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  • mkumar
    04-20 07:54 PM
    thank you




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  • rameshraju11
    07-22 07:58 PM
    Thank you so much




    LostInGCProcess
    07-20 11:20 AM
    Hi there,
    I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.

    I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.

    Please let me know if anybody was in the similar situation.

    Thank you!!!




    sushilup
    10-23 09:09 AM
    anyone????????????????



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