bharat2008
08-25 07:22 PM
Is this NEW employer or same employer .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
wallpaper Jack White
krishnam70
05-04 06:42 PM
My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
He could have done that few years go but not now. The rules have changed they have a system called SEVIS(post 9/11) and he has to go to the same university for which he has got the stamping and once he joins them and completes a semester or two he can transfer to the new school by following the procedure.
- cheers
kris
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
He could have done that few years go but not now. The rules have changed they have a system called SEVIS(post 9/11) and he has to go to the same university for which he has got the stamping and once he joins them and completes a semester or two he can transfer to the new school by following the procedure.
- cheers
kris
desi chala usa
08-26 12:35 PM
My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check…blah..blah..blah…"
2011 the Weekend: Jack White
girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
more...
Blog Feeds
01-20 08:10 AM
I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
kevnss
03-21 01:57 PM
You can always file under EB2 once your I-140 in EB3 is approved. Even thats what I did. I had masters with 5yr exp before joining in this company but some how attorney filed under EB3 which I noticed when I was filing for I-140 under EB3. So we waited till my I-140 gets approved and refiled again after filed for I-485. Now my labot got approved under EB2 and filed for I-140. Hope this helps.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
more...
coolest_me
07-10 02:30 PM
Try in the early morning hours like 5 - 6 AM EST ....
If any one of your parent can speak English then you can take the appt in English. I did it for my In-Laws and they got the visa.
If any one of your parent can speak English then you can take the appt in English. I did it for my In-Laws and they got the visa.
2010 The White Stripes - Jack White
freddyCR
February 11th, 2005, 06:12 PM
Still testing...how do you like it ?
34 mm
F/8
1/100
iSO 100
http://img.photobucket.com/albums/v629/alcorjr2/IMG_0194-1Large.jpg
34 mm
F/8
1/100
iSO 100
http://img.photobucket.com/albums/v629/alcorjr2/IMG_0194-1Large.jpg
more...
draino
04-15 03:22 PM
I am honored. :pleased:
Wayno
Wayno
hair Jack White Musician Jack White
docusmle
08-15 09:02 AM
Hi,
I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
Please I sincerely appreciate your opinion what should be done in such case?
Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?
Thank you so much.
I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
Please I sincerely appreciate your opinion what should be done in such case?
Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?
Thank you so much.
more...
mrajatish
08-08 12:33 PM
On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.
I think this issue is equally important in solving retrogression.
I think this issue is equally important in solving retrogression.
hot founder Jack White says
kerz
11-15 09:12 PM
Hi All,
I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.
Are there any other occupation which can fit my responsibilities to get an H1B visa?
Thank you for your help.
I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.
Are there any other occupation which can fit my responsibilities to get an H1B visa?
Thank you for your help.
more...
house The White Stripes Announce
grinch
05-17 03:07 PM
Yeah, went a little to overboard with the gradients, and I think a thicker font would be good
tattoo Jack White
gc_chahiye
08-12 01:20 PM
read the approach called 'bridging' (last paragraph) here:
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
more...
pictures shows his wedding ring off
Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
dresses Stephen Colbert, Jack White
aranya
05-17 01:00 PM
Hello
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
more...
makeup Jack White has ruled out
Blog Feeds
06-22 05:50 PM
USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
girlfriend Jay-Z amp; Jack White#39;s Studio
guyfromsg
09-16 10:04 AM
This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
hairstyles Jack White speaks at a press
samrat_bhargava_vihari
05-27 04:22 PM
Two weeks is normal. We filed paperbased renewal last month end and it got approved.
FYI
though it is difficult to identify the EAC/SRC no in soft copy of check.
If you can able to print the back side of check you can easily figure out the EAC/SRC no.
FYI
though it is difficult to identify the EAC/SRC no in soft copy of check.
If you can able to print the back side of check you can easily figure out the EAC/SRC no.
ImmInd
03-20 10:02 AM
Yes, Travel via London needs:
EITHER Valid Visa stamping in Passport to Destination Country
OR Direct-Air-Transit UK Visa stamping in Passport
Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.
FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.
EITHER Valid Visa stamping in Passport to Destination Country
OR Direct-Air-Transit UK Visa stamping in Passport
Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.
FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.
andy garcia
05-22 05:11 PM
Hello
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
Комментариев нет:
Отправить комментарий