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  • akhilarmn
    11-03 04:08 PM
    Here is my case:
    With Company A, my H-1B extension was filed on 8/22/2010, under regular processing.
    My I-94 expiry date was 9/30/2010.


    With Company B, H-1B transfer was filed on 10/2/2010 filed under Premium Processing
    Received RFE on H-1B transfer. Responded on 10/22/2010.
    Current status of H-1B transfer case is "RFE response review". No decision yet.

    Meanwhile I got an RFE on H-1B extension on 10/25/2010.

    1. How is the RFE on H-1B extension with Company A going to affect my H-1B transfer to Company B?

    2. Should the H-1B extension be Approved before getting a decision on the H-1B transfer?

    3. I read in a forum that unless my H-1B extension is approved, I will not get an I-94 with H-1B transfer approval (since it was filed after my I-94 expiry). Is this correct?

    Please advise. Thanks.

    P.S. I will post my experience once I get a decision on H-1B transfer.





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  • LegallyGC
    08-05 04:38 PM
    my wife has filed for her I-485 (AOS) with me.
    She has an H1 whch expires in 2012.
    she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).

    Now my question is does she has to do anything to renew her I-94?
    If she doesnt renew her H-1 now will she be still in-status on H1?
    does she have to renew her AP in order to stay in status?

    This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.

    Thanks in advance...





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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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  • lonelystar
    10-02 10:28 AM
    Thank you for your reply.
    Even my check is not cashed yet!
    Do you know how long it took for the check to get cashed for your friend?



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  • ektha123
    12-10 07:17 PM
    can we call to customer care and change the name on tht.





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  • kishorek111
    12-28 02:33 PM
    your help needed please.

    On page 7 of the Instructions for Form I765, under RENEWAL EAD, it is mentioned that no filing fee is required if we are applying under the category (c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007.

    I applied in the 2nd week of August 2007 (but it was still in the July 2007 fiasco). So do I need to send application fee when I send my I765 application for renewal??

    Below is the link to I765 Instructions -

    USCIS - I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • i4u
    12-20 12:25 PM
    Graham: DREAM Act push damaged wider immigration reform effort

    Sen. Lindsey Graham (R-S.C.) said Saturday that the failed Democratic effort to pass the DREAM Act in the lame duck session dealt a blow to future talks on a wider immigration bill.

    �It was an exercise to try and taint Republicans with Hispanic voters, knowing that the DREAM Act under these circumstances could never pass,� Graham told reporters in the Capitol after the bill sputtered on the floor.

    �What they have done on the DREAM Act is hurt overall comprehensive immigration reform,� he said.

    The DREAM Act, which would give legal status to illegal immigrants who came to the country at a young age, lived here for at least five years, graduated from high school and attended college or served in the military, fell five votes short of the 60 needed to overcome a GOP-led filibuster � 55 to 41.

    Graham has worked with Sen. Chuck Schumer (D-N.Y.) in the past to try and seek a Capitol Hill compromise on a wider reform plan -- one that would blend increased enforcement and border security with a path to citizenship for undocumented immigrants, among other measures.

    He said the DREAM Act effort will make it harder to bridge divides on immigration, noting the impassioned advocacy on both sides of the issue.

    �Our base is all riled up that this is amnesty, so you have taken a debate on immigration, one part of it, you have gotten people emotional before you can sit down and reason your way through a comprehensive bill,� Graham said. �Doing this vote the way they did it has hurt the ability to do comprehensive reform next year to some extent.�

    What Graham conveniently forgets is that he gave up on the immigration bill, because it was being taken up before the 2010 elections!





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  • ChainReaction
    09-06 09:21 AM
    I had filed my I485 directly at TSC , the address which was listed on my I140 Receipt on June 25th as per the advise given by IO when i called the 800#

    Texas Service Center
    P.O Box 851488 Dept A
    Mesquite TX75185-1488

    I still haven't received a receipt and the checks has not been cashed . I would like to know if anyone else filed their application at the address listed above and have received a receipt notice ?:confused:



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  • logo
    09-12 12:24 PM
    I looked at the link and it says:

    Texas Service Center Filings
    Mail your package to the Texas Service Center if you live in the following states:
    AL, AR, CT, DE, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC

    Does it mean that Imy application was filed in a wrong service center since I live in Minnesota?





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  • kewlkrazy
    01-11 07:34 PM
    Hi,

    I had a question about the H-1B cap. I am currently in F-1 status in
    graduate school and am planning to finish my degree requirements
    sometime in March/April 2007 and eventually need to be in H-1B status
    to continue to work in the US.

    I previously was in the H-1B status from Jan. 2001 till Sep. 2001 (9 months)
    for which I was counted towards the FY2001 H-1B cap (more than 6 years ago).
    In Sep. 2001, I switched to F-1 status to get a PhD and haven't been
    outside the US for more than 4 weeks since then. My question is

    will I be subject to the H-1B cap again, and get a new 6-year H-1B
    term, if a for-profit employer files an H-1B petition for me for FY2008
    ?

    OR

    will I get the remaining 5 years and 3 months from my previous H-1B and
    not be counted against the H-1B cap ?

    OR

    will I get the remaining 5 years and 3 months from my previous H-1B and
    also be counted against the H-1B cap ?

    By the H-1B cap, I am referring to the numerical annual limit of 65k+20k.

    Thanks in advance for any helpful replies.



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  • sachuin23
    10-06 02:58 PM
    Hi,

    My company has started process of applying for my Green card in EB2 category. However, attorney has some issues with that.

    I joined my company on a post completion OPT based on completion of course work in January 09. At that time I was MS thesis student and had to just defend my thesis. However later in Feb, because of some differences with my adviser, I converted to MS Non thesis and graduated in May 2009 with the course work that I had completed in Dec 08. In all respects, I had completed all coursework requirements for my degree prior to Dec 2008. My company's attorney recently told me that this may be a problem for an EB2 case as I joined company before I graduated with MS.

    I have all documents available with me that all course work for the degree was completed before I joined the company.


    I am bit worried. Can some one advise me on this? I will be grateful.

    Thanks





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  • gapala
    09-05 09:39 AM
    I came across this video which talks about the swine flu and the vaccine, more importantly the side effects that the vaccine may cause in childrens. I was surprised to hear that the medical community refused to take the vaccine. Why?

    YouTube - Makers Of Vaccination Refuse To Take H1N1 (http://www.youtube.com/watch?v=B4SmFxyust0)



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  • kushalkh
    12-04 08:04 PM
    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?





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  • newbie2020
    04-28 09:43 AM
    Here are few pending immigration bills which have a higher chances of passing in both house and senate. I was looking at some of the bills and noticed when a bill (or a varient )is introduced in both houses simultaneously the chances of that bill passing are higher.

    This may be a good idea for us to try pushing some of the EB related measures if we can
    into these bills. I know someone may say Hey these are family related bills But remember how they add the immigration, healthcare, veteran measures into budget or appropriation bills.....similarly we can try.

    1 . Uniting American Families Act of 2009 (Introduced in Senate)[S.424.IS]
    2 . Uniting American Families Act of 2009 (Introduced in House)[H.R.1024.IH]

    This bill and varient were introduced in both house and senate. Note: It touches the

    SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES This is one item we always talk about removing the country limits......

    The other bills in progress are

    3 . Immigration Fraud Prevention Act of 2009 (Introduced in House)[H.R.1992.IH]
    4 . Immigration Fraud Prevention Act of 2009 (Introduced in Senate)[S.577.IS]

    5 . To amend the Immigration and Nationality Act to exempt surviving spouses of United States citizens from the numerical limitations described in section 201 of such Act. (Introduced in Senate)[S.815.IS]
    6 . To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children. (Introduced in House)[H.R.1870.IH]

    Any thoughts.....



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  • good idea
    06-02 05:45 PM
    1) From the day your current one expires


    2) Recent court ruling is that even if it is beyond 240 days from day your current one expires, your status is valid as you are waiting for decision. You can search for this, I read it couple of months back. Or seniors may confirm this.





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  • thomachan72
    11-01 02:29 PM
    A chart from Reason Magazine that says it all:

    More... (http://blogs.ilw.com/gregsiskind/2010/10/immigration-humor-what-part-of-legal-immigration-dont-you-understand.html)

    Pretty depressing but very true indeed:o:o:o



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  • mihird
    06-16 10:20 AM
    Does anyone know if you can file for I-485 on a B1/B2 or do you need to have an H4 status?

    It seems to me, you are on a B1/B2 and are contemplating a marriage to a "485 current" green card benfeciary...and subsequently filing the 485 jointly with your would be other half...

    The intention in a B class visa is very weak and its purpose very limited. It is best to not do anything while on the B visa, and relinquish the B status, then either re-enter on a stronger intent visa (H1/H4 or L1) and then file 485 or file the 485 from outside the country.

    Any change of status from a B class visa is usually looked upon with a frown by the USCIS...

    Even if you are not contemplating a marriage, but are already married for long but just happen to be in the US on a B Class visa, it is best to reliquish your B status, before doing anyting...





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  • kufloyd
    03-11 01:45 PM
    My sister in India may be getting married to a US citizen..she would like to apply for a tourist visa first so she can come stay in the US and spend some time with him before her marriage.

    If she applies for a tourist visa, stays in the US for a month or so and then later they apply together for a fiance/K3 visa, are there going to be problems for the K3 visa application considering that she had just applied for a tourist visa before? Is it better to not apply for the tourist visa in this case? Thanks...





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  • lacrossegc
    12-23 11:33 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d78fc10011752110VgnVCM1000004718190aRCR D


    Our e-Filing System, Case Status Online, Change of Address Online and information about our processing times, field offices and civil surgeon locators are currently unavailable due to technical difficulties.

    They will be restored as soon as possible.

    We apologize for the inconvenience.





    morchu
    06-10 06:12 PM
    You dont have to be employed by the employer for 180 days. All you need is 485 pending for 180 days. So in the letter you can mention that 485 had been pending for more than 180 days.

    The only catch is if USCIS question about your "intention" at the time of filing 485. (Since you didnt work for the company after 485, and now specifically says dont intent to..).

    At the time of filing 485 you should have proper intention to join the original employer.
    Maybe somebody else who went through similar experience can help u.



    AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
    Thanks!





    pkak
    07-19 10:23 PM
    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.

    http://www.travel-masters.net/forms/Parental%20Consent%202.pdf



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