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  • abhishek101
    01-05 11:36 PM
    this is my understanding but a lawyer answer but you should consult a lawyer

    Since you have started your GC process and shown your intent to immigrate your F1 will be denied.

    H1 is a dual intent visa ( you enter as non immigrant but U can immigrate on it) and hence application of GC has no implication on it.

    Again I am not a lawyer so consult one.





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  • mannishk
    08-06 03:03 PM
    Thanks, that is what i had thought and came to know by an attorney as well.

    Regards,





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  • pappu
    06-15 05:39 PM
    The Conrad 30 J1 waiver program has been extended to September 09.
    I believe IV core has been actively pursuing the Conrad 30 Improvement act. Can core please update us regarding the chances of this legislation passing in September 09 ?

    Yes that is correct. IV core member Paskal has been leading this initiative from the front. He will provide an update. If you are part of the IV Physicians group, you may find more information from him.





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  • pmat
    01-31 04:38 PM
    The only benefit of F1 over H4 is you get to use OPT and CPT. Doing an internship may be very beneficial if you are doing a MBA. After that OPT helps you to settle in a job and deal with H1B filing quota risks.

    Regarding the downside of F1, many universities don't give instate tuition eligibility to students on F1. On H-4, you may pay instate tuition to many universities. So, check with the university that you are planning to attend.


    Also, it will be very difficult to get a F1 visa stamp on your passport if I140 has been filed for you in the past. Its not a problem if you don't want to travel outside the country during your studies.

    my 2 cents...



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  • sonu9
    07-31 12:32 AM
    reply please





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  • pasa0202
    12-10 03:31 PM
    Hello Attorney,

    Is my perm valid if I am out the US without H1 B status? OR

    Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?

    Here is my situation:

    -My I140/I485 got denied -- in Aug 2009
    -I got 9th H1B extension which is valid till Apr 2010
    (As I know after Apr 2010 that I am not eligible to get extensions)
    -My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
    -My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.

    My question to the attorneys:

    If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
    Or
    Do I need to wait 1 year to get the new H1B for 3+3 years?

    I really appreciate your suggestions.



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  • JazzByTheBay
    11-28 11:47 AM
    I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).

    In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.

    Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.

    I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.

    I recently learnt from someone that the petition was in fact approved.

    I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.

    Questions:
    1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
    2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
    3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?

    Thanks,
    Jazz





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  • gchopeful2
    08-01 12:56 PM
    The has to be physically present in the US to apply for 485. If she does not have a passport then she cannot file for 485.

    **NOT A LEGAL ADVISE**



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  • Steve Mitchell
    December 17th, 2003, 02:18 PM
    Great job. More of the power of digital photography and post processing.





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  • willigetagc
    07-25 02:53 PM
    phew! thanks all for the quick response



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  • glus
    01-02 09:23 AM
    hello,
    If you applied for their I-130 before the end of 4/2001, then they would be eligible for 245(i) and adjust status even if they are illegally here now. However, for 245(i) to work, would require them being present in the U.S. at the time you applied for I-130. In short, if they were physically present in the U.S. before the end of April of 2001, and if you applied for their I-130 before end of April of 2001, they can adjust in the U.S. If not, they can't. In any case, if they leave the U.S. now for consular processing, they will not be able to receive their immigrant visas because they will trigger a 10-year bar from entry to the U.S. and become inadmissible.

    I would advise to speak to an immigration lawyer before doing anything at this time.





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  • Templarian
    11-23 02:32 PM
    //edit... nvm, got it...

    now im just trying to force the edit region above the title bar and i'll be a happy camper.



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





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  • Pagal
    01-24 05:13 AM
    Hello,

    In general, AP is not related to employment (it is a conditional admittance aka parole into US boundaries till the conditions are resolved), so the PoE CBP should not ask about employment. However, as your husband has been away for a long time, the CBP officer may be curious to know why and what is the purpose of entering US after such a time lag.

    In such a scenario, your husband should have a strong reasoning as to why he is entering US. Some of such reasons are a) employment b) having immediate family in US or c) owning house/property that needs visitation.

    If your husband has one such reason, it may be helpful to gain entry into US, but pl do consult your lawyer...good luck



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  • Ann Ruben
    07-03 10:11 PM
    The minimum requirements for a particular job may, and often do differ from the minimum requirements for EB-2 classification. As long as the actual requirement for a given positon is at least a Master's Degre or equivalent (defined as a Bachelor's Degree plus at least five (5) years of progressively responsible relevant experience), then the position qualifies for EB-2 classification.

    The labor certification and I-40 Immigrant Visa Petition will not be approved unless the beneficiary is able to document education and experience meeting or exceding the actual minimum requirements for the job as set forth on the application for Labor Certification.





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  • FredG
    January 24th, 2005, 06:59 AM
    Agree. I bought a better beamer just for that. I've only used it a few times with mixed results. Definitely worth the practice to get it right.



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  • Berkeleybee
    02-27 04:48 PM
    All,

    We know we have our largest membership in CA. Well over a hundred members. Yet there are only about 10 active members. And yes, these 10 are extraordinarily dynamic, but we need more. In particular we need more members in SoCal.

    Those of you who have already signed up as volunteers -- please attend the weekly call this Thursday at 9pm PST. Once you are on the call, please speak up, take the initiative and work on something.

    Respond to the weekly emails.

    - Convince at least one more person to become a member
    - Convince at least one more person to contribute
    - Post our flyers in your neighborhood or workplace
    - Come up with other ways to get the word out
    - Join a lawmaker team
    - Start a lawmaker team and make an appointment

    IV cannot run without your help and fervour.



    best,
    Berkeleybee





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  • gc_kaavaali
    06-03 10:48 AM
    Sorry to tell you!!! you cannot work without you receiving EAD approval.

    Hello all,

    My EAD expired in late April

    Prior to that, I applied for renewal but my old lawyer forgot to either include something with the application or made a typo, and it bounced back a few days ago (late May).

    I got a new laywer to re-file the EAD, however I will not get my new one in time to start my post-college job in early July, as the process takes around 90 days from what I remember.

    If I show up to the first day with a filing receipt, a written letter from the new lawyer explaining what happened, and my old EAD, will I not get the job?

    How do employers handle something like this?

    Thank you in advance for any help.





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  • GodblessGC
    02-19 04:04 PM
    Hi,

    How big is your company (no of H1's) ?
    How many GC's they have filed ?





    ameryki
    04-27 04:58 PM
    I'm off to London for my H1B stamping. I was working for an Investment Bank that folded and I took up a job with a bank that has not taken TARP funds (not a US bank)

    My I-129 was approved, however, it was approved before the new I-129 that asks whether the company accessed covered funds.

    I just wanted to know whether I need to ask counsel in my firm to update the I-129 or should I just go ahead with the stamping?

    Any other important documents I should take along? I was thinking of

    a) letter from employer stating salary, start-date, position etc
    b) letter from company stating that they did not receive TARP

    anyone else on the same boat?


    not in the same boat but in my opinion if you don't have to travel then lay local for a while given the restrictions being put in place with h-1 visas for financial institutions as a whole.





    Blog Feeds
    08-07 09:40 AM
    Before starting the application process for permanent immigration, foreign nationals who enter the United States on non-immigrant visas (NIV) are considered to be here temporarily. The law presumes NIV holders intend to return to their home countries at the end of their stay in the United States. There are many NIV categories — student visas, business visas, visas for tourism, and investor treaty visas to name a few. While NIV applicants must have the intent to return to their home country, there are a few non-immigrant categories that allow a person to have dual intent, that is, to intend to be here temporarily now but eventually to immigrate. Prior to permanently immigrating to the United States, a foreign national will generally enter on a non-immigrant visa (dual intent NIV).

    All NIV applicants are required to fill out an application form to the appropriate consular post and submit the DS forms according to the NIV category they are applying. The current forms available are DS-156, 157, 158, 156K, 3032). Currently, twelve consular posts are required to use Form DS-160, a Web-based NIV application form that incorporates all of the current NIV forms into one format via the Web site. When an NIV applicant fills out the form, the applicant has the option of uploading a digital photo. Once the form is submitted online, the NIV applicant will receive a confirmation page. The new DS-160 form is required in twelve posts (including Mexican and Canadian posts, Dublin, Hamilton, Hong Kong, and Tripoli), and the DS-160 form advances the NIV process since it is submitted in advance of the interview.

    NIV applicants should make sure to utilize the appropriate DS form according to the consular post requirements currently in place.

    Please call us at 214-999-9999 and we will answer your non-immigrant visa questions.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/5MRHnpvj3u4/)



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