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  • kshitijnt
    07-30 08:02 AM
    I do not recommend E3 visa. As non immigrant intent like F1/B1 is required on E3.




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  • Blog Feeds
    08-20 02:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

    Answer #1
    Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


    Question #2 � Employment Based Immigration � Green Card
    We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

    Answer #2
    If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

    Answer #3
    The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.


    Question #4 � Employment Based Immigration � Green Card
    I just received my Green Card, what do I do now?

    Answer #4
    USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.


    Question #5 � General � Social Security Card
    How and when can I get a Social Security Card?

    Answer #5
    Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.


    Question #6 � Employment Based Immigration - Green Card
    My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

    Answer #6
    If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.


    Question #7 � Employment Based Immigration � Labor Certification
    What is the difference between the old process for obtaining labor certification and the new PERM process?

    Answer #7
    In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.


    Question #8 � Employment Based Immigration - Green Card
    The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

    Answer #8
    If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.


    Question #9 � Employment Based Immigration � Green Card
    My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

    Answer #9
    Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    How many H1 nonimmigrant visas are left?

    Answer #10
    As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)




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  • H1B-GC
    05-27 08:30 AM
    As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).

    By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.

    Seems FAIR is slowly creeping into DMV also.




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  • randallemery
    06-29 09:49 PM
    It's next Wednesday morning on July 5th on Independence Mall in downtown Philadelphia. Give me a call or email me if you are interested. I would need to know right away though.

    You can find my contact info here:

    http://americanfamiliesunited.com/index.php?option=com_contact&catid=12&Itemid=3



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  • texcan
    02-16 12:51 PM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    i somehow donot believe this guy....sounds fishy....




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  • kimbhoot
    09-15 09:45 AM
    Hi,

    I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..

    I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.

    Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?



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  • arouncoumar
    11-08 12:46 PM
    Yup, returning H1Bs qualify for emergency appt. I'd done it years ago.




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  • my2cents
    06-16 04:27 PM
    [QUOTE=das0]Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain

    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks



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  • lfgc
    05-17 04:58 PM
    Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.

    Thank you very much in advance.
    I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
    rgds,
    lfgc

    ...recd info fm the attorney's office...

    The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
    $2,190 for companies with 26 or more employees and $1,440 for companies
    with 25 or less employees, Office Expense $50.

    so, for extension...it may still be $900.




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  • san3297
    12-28 01:14 PM
    Received H1b approval last week. I got it approved for only 1 year though. I sent all the originals along with self addressed fedex postage paid envelope . USCIS safely posted back using the same envelope. I also sent them transcripts attested by registar in sealed envelope. Thanks for all the forum members who answered my queries.



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  • on_h1b_since_1998
    06-20 12:15 PM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.




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  • Lisap
    08-03 12:49 PM
    ------------------------------


    This post has been deleted.
    Please mantain a civil tone on the forums.



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  • desi3933
    06-25 10:41 AM
    D...3933,

    A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

    .....

    http://immigrationvoice.org/forum/725808-post105.html


    .




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  • roseball
    04-14 07:22 PM
    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....



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  • desibechara
    06-19 04:42 PM
    My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

    Have you guys heard anything like "notice of forward"( it was something like this)...

    These LC people in dallas are killing me..!


    DB




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  • GCVictim
    05-07 11:57 AM
    Me and my wife got soft LUD on 485 files. the date was 03/19/2009. we are Jul 07 filers. PD was May 07



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  • wc_user
    07-30 07:56 PM
    All,

    Any idea on how far the EB3-India PD will go between Oct 2009 and Sept 2010 ?




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  • Waitingnvain
    07-31 09:04 PM
    H visa by nature is dual intent. One does not lose it after getting EAD.




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  • ganguteli
    05-06 03:32 PM
    http://www.usabal.com/seminars/#a2

    Michael Aytes, is one of the speaker in this conferenceif a couple of members attend with immigration voice badge on their shirts, this could be a good platform for immigrationvoice as a group to get noticed.

    Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.

    Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.


    This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.

    So what will IV gain by meeting lawyers and paying money to just get in?
    Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?

    And if you want to go then go. Why do you want IV to pay your $350?




    gc_kaavaali
    05-21 01:55 PM
    Are you sure? it is going to be too much pain....

    It is no longer available.




    tamil12
    09-09 08:55 AM
    If you can't able to wait for the AP to come...Then give a shot to the local USCIS office...and get an emergency AP...you can get it in oneday...But you need a valid document to show as it's a emergency travel to India....probably a document from India...



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