Wednesday, June 29, 2011

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  • saurav_4096
    03-26 05:21 PM
    I want to extend the stay for my Parents for few months. They are on visitors visa. I am aware that I need to file form I - 539 for this purpose. I am not sure what reason should I specify for extention?
    If some one had done extention for visitors visa in past please, I would appereciate your help on this.

    Thanks
    Saurav





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  • pncool01
    09-24 02:45 PM
    Hi

    First off, I know that people responding on this forum are spending valuable time answering my questions and very much appreciate the time you spend reading and responding to my requests.

    I have the following situation:
    1. Currently working on H1B, renewed effective Sep 15 2009 for the next 3 years (i.e. expires 2012 Sep)
    2. I-485 filed in Aug 2007, PD of Jan 2006 for EB-2 / India.
    3. Received and used Advance Parole in the past year or so to re-enter US (for spouse and me)
    4. Have a valid EAD card that will expire October 2010. If relevant, spouse does not work, although she has an EAD card with same validity.
    5. I accepted a job offer and expect to start work on Oct 5 2009 with the new company. The new job has a very similar description as the previous and is about the same level as well but higher pay.


    My questions are as follows:
    1. Should I request the new company to 'transfer' my H1B? What are the benefits and drawbacks of transferring the H1B as against switching to the EAD? What is the filing requirement for the transfer in terms of deadlines (i.e. do I need to have it filed on or before or within certain number of days after Oct 5?)

    2. Will I be in violation of the AC-21 requirements ? What will I need to do to continue my GC process. The new employer has agreed to support the GC process and will do what is required.

    3. In all this switchover, what documentation should I be requesting from my current employer's law firm? This is a big law firm and may take a few days to respond.

    I need to be on point and keep pushing with the new employer as well as with the old one to make sure my legal status is not affected in the US. As such any additional tips / suggestions you have will be great too.

    I have tried to provide as much detail as possible but please do let me know if I have missed anything. Again, thank you for your responses.
    -P





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  • devidasc
    02-04 12:10 PM
    At lease H1B should qualify for Stimulus amount if not H4
    H1B has valid SSN and should qualify for Stimulus amount even if they are filing the taxes as married filing jointly with spouse having H4.
    lets hope and try for it.





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  • neeshpal
    07-12 03:25 PM
    Thanks a lot for quick replies. That answer my questions.



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  • kiran24
    07-21 01:55 PM
    Crazymonk,

    Thank you for the advice. One more question. After I fill this form , the employer should keep it for their records only. Correct? No need to send it to anyone.





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  • abcdefgh
    12-15 02:48 PM
    I believe CGFNS is for foreign nationals who train outside the US. If you train here, I don't think you need it.

    Well, when I talked to lawyer, even though he knew I have degree and Nclex from US, he asked me to get CGFNS visa screen.

    Does this makes sense?

    Thanks for you answer.



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  • jkamel5
    06-06 10:48 PM
    Thank you very much for these helpful inf





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  • h1vegas
    07-24 07:10 PM
    I truely appreciate it Tom
    Thanks so much
    Guys if you have any other suggestions, pls write down too



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  • fromnaija
    11-14 05:15 PM
    Thanks!

    Would you know the minimum wage level needed to qualify for EB2?

    That would depend on prevailing wage for the job and the job location.





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  • shan74
    06-20 07:51 AM
    Yes, i got my reports from my doctor and i got the form 693 and the supplemental form.



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  • p_kumar
    06-20 03:37 PM
    This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:





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  • rockstart
    03-31 02:00 PM
    Is your filing date 6/13/2007? Perhaps they are working on your case. Cross check with perhaps they are touching your application



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  • mirage
    07-10 11:12 AM
    Guys,
    AILF is seeking plantiffs. Please show some spine & courage. If your employment history and everything on your green card file is clean, volunteer for becoming plantiff. I have a gap in employment otherwise I would have surely volunteered.





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  • loku
    09-30 08:38 PM
    Hello,

    I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.

    My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.

    Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:

    1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?

    2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?

    Thanks for your help and time. Please advice!!



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  • gc_check
    06-25 07:01 AM
    Also in NC, the DMV rules are changes to issue DL untill the Visa Stamp validity in PP, This will be an issue, if you extended your H1, but no valid visa in PP. Would recommend getting this done via internet.





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  • EB3Victim
    09-20 10:43 PM
    The USCIS provided further clarification and instructions on I-140 premium processing following the initial announcement. They listed three types of cases that are not eligible for premium processing, even if they are within the EB3 preference category. These are:

    a second I-140 filing, if an initial I-140 remains pending


    a labor certification substitution request


    a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)

    These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 �other worker� cases which, as mentioned above, are not eligible for premium processing.


    Go through the below link


    http://www.murthy.com/news/n_eb3140.html



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  • salvador marley
    05-06 03:43 PM
    heres a screen





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  • indyanguy
    10-14 09:51 AM
    Mine is 11-3021.00 job zone 4 applied in Jan 2009. Anxiously waiting. :-)

    What is the reason behind you saying 'case may be audited' for the OP. Just curious to check your side of thoughts.

    Per lawyer, almost all EB2 cases are being audited (due to the harsh economic climate). DOL believes that if a job falls under Job Zone 5, then it requires enough preparation to justify a EB2 filing. If it falls under Job Zone 4, it's not "normal" and DOL would usually require a Business necessity letter.





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  • sideeque
    05-08 11:35 AM
    How did u get H1B Visa Stamp for longer than the date in I179?





    shan74
    06-20 07:51 AM
    Yes, i got my reports from my doctor and i got the form 693 and the supplemental form.





    hello
    05-21 10:35 AM
    Hello

    My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B

    We will need to Travel to Canada for Immigrant Landing formalities after we get PR.

    How can we enter back in US so that my AOS and her H1B Status is not affected?

    ThanksI think you can use AVR if you can come back within 30 days.Please ask the lawyer before you leave.



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