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  • JunRN
    08-14 01:00 AM
    Follow-to-join can be applied anytime after the filing of I-485 even after approval as long as Visa Number is available at the time of filing. Visa number's availability depends on the Department of State's Visa Bulletin.

    I am not lawyer so please take this as my personal knowledge.





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  • aspiration
    06-24 04:17 PM
    Sorry for starting a thread.. Apparently somehow i missed that discussion or thread... .I am newbee here...

    Thanks for the quick update.





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  • theshiningsun
    08-03 08:57 AM
    hi attorneys,

    can u plz shed some light on this?

    thx in advance,

    hi attorneys,

    which visa can someone apply for it s/he intends to work as a caterer?

    is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

    thx in advance,





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  • auvrm
    05-18 06:18 PM
    (I'm a new member to this forum)

    My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).

    I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.

    FYI: I'm working for this company since Oct 2005.

    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?



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  • mach1343
    12-07 02:16 PM
    Hi,

    I was on H1 before and my I797 form says my h1 is good till 082011. And in June my employer terminated my employment. Within a month I changed my status to H4 and got my H4 visa stamped from India. Now I got a project and my employer re hired me and started my h1 processing (regular). And my client gave the start date from Dec 14th.
    My employer is saying that you can work from Dec 14th however once you get an approval you have to leave and comeback with H1 stamp on it.
    They said that we have done these situations before and I also contacted one of the person and she was saying that she started working once h1 filed then she immediately left to India to get stamped (She also said they is an option to get it stamped in Canada as well).

    Now is this true? My GC process currently waiting for the date (EB2-I140 APPROVED). Does this affect my GC in future?
    I told my employer( it's a big reputed company) and they are saying that we will ever do anything illegal, if it is illegal then we won't even consider that option so you are fine don't worry and our immigration lawyers are very experienced so you have understand and trust us. This is what they are saying.

    Whom to believe? What is right? what is wrong? Please understand my confused situation. I am going through lot of stress right now because of this.





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  • raysaikat
    12-06 09:55 AM
    Hello,

    I am currently working on OPT. My company has just applied for my H1B visa. Assuming it gets approved in 2-3 months time (i.e. in March), when can i have it stamped? Can i go back to my home country to get it stamped in April or will i have to wait till 1st Oct 2011 to get it stamped?

    What is the starting date on your H1-B petition?

    You cannot get a VISA stamp earlier than within 20 days of the start date (I actually do not recall if it is 20 days or 15 days -- but it is around that many days).



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  • chantu
    05-07 09:48 AM
    Perfectly fine. I did the same and no issues. Also for W-2, Tax returns, PP submit photo copies.

    Hello All,

    For the Visitors Visa(for parents), can a photocopy of Pay-check's be sufficient. Since the last few pay-rolls, my employer is giving everybody a photocopy of the Pay-check from Pay-chex Inc.To reduce costs of printing and mailing the Pay-checks, My employer is asking Pay-chex Inc to email the Bi-weekly pay-rolls of everybody.

    Wondering if the US Embassy in India would create an issue by not bringing the original Pay-stubs.

    Thanks!!





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  • ita
    11-19 09:50 AM
    My EAD card was returned as undeliverable as Mail Box didn't have my name on it.

    I changed my address and requested the Card to be resent. CSR said it would take 3-5 business days.

    I spoke with a IIO today and she said it would take 4- 5 months to get remailed as per their policy.

    Which one is right ,CSR/IIO?
    Is there anything that I could do to get my card earlier?

    Thank you.



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  • webm
    08-14 02:48 PM
    Thank you for your replies...

    My confusion is, as soon as I enter on AP I am on EAD and I don't have approved EAD. Does this mean I can not work untill I get EAD approved? I don't have Visa Stamped and I am not planning for Visa Stamping.

    you can still continue on H1B (same employer) as long it is validity..even when you use AP at POE..





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  • gchopes
    06-02 05:50 PM
    Thanks for your responses. Will the 240 day rule apply even if I reentered on AP and in parolee status?



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  • rajiv404
    12-09 06:11 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!





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  • anandrajesh
    05-30 04:10 PM
    Hello,
    I am trying to figure out if it is possible to sponsor (legal sponsorship support letter) my cousin back in India who is trying for higher studies in Canada (the letter to be shown to the Canada consulate). I am an Indian on H1B in US with Perm just filed.

    I heard that being a resident alien myself (as opposed to permanent resident) I cannot sponsor him? Is that true?

    If I can in fact sponsor him -- will that have any affect/complication whatsoever on my (i) Perm (ii) Tax application etc etc?

    He is an 18 yr old Indian.

    Thanks a lot for any advice!
    Piyush

    I am currently on a H1 & I sponsored my Brother's education in US last year and i think it is possible. It doesnt matter whether you are a Resident Alien or a Permanent Resident. All they want to see is whether there is an ability to pay the tution fees and support his living expenses. There shouldnt be any problem. Let me know if you need more info.



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  • immigration1234
    06-21 05:10 PM
    please suggest!





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  • anu_t
    06-16 04:45 PM
    so many times people have already answered this question.
    Even if you google it you will find the answer.



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  • tcsonly
    07-24 11:43 AM
    Can you please point me to the thread? Thank you.

    Take some time to search the forums before starting new threads.
    The answer to your question is under Greencard retrogression. It's the first sticky thread with title: " All Priority date transfers and issues discussed here".

    Admins: Please close this thread.

    -C.





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  • JunRN
    07-18 08:07 AM
    I believe so....if your LC is approved in August, then your PD is August. It is not qualified under July VB.



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  • wandmaker
    04-26 04:23 PM
    Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.

    Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.

    Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.

    The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.





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  • gc_chahiye
    07-12 11:33 AM
    Ron Hira and his friends at IEEE and Programmers Guild will be all over us. No one likes the talk of unlimited immigration.





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  • MyGCPath
    10-23 01:37 PM
    Guys/Guru's,

    I need advice/thoughts from you on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?
    __________________





    Michael chertoff
    05-17 08:51 AM
    Dear Attorney and other friends,

    Please give me some advice on my situation,

    My mother had green card through my sister who is US Citizen. four years ago my mother wen to India and did not came back. after 6 years she again came back on visitors visa.

    we want to renew her greencard.

    Please advise if it is possible of we have to start new process?

    Thanks

    MC





    dummgelauft
    12-04 11:42 AM
    ..and let the Champagne sit in the chiller.

    Dude, this is ablip, for al lwe know. So many jobs have been lost, that there are not many more to lose. Companies aer already running on skeleton crews.
    Its like some person wanting to lose weight, first loses all his body fat, then not satified with it starts starving himself and starts to lose muscle mass, after that is gone, the only choice is to start cutting body parts off, to lose more weight.....

    These numbers have to improve consistently for a few months, even a year for any stable, long to meadium term gains...