Tuesday, June 14, 2011

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  • Saralayar
    01-20 01:53 PM
    Looks Good.. Good job Admin.

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  • GC_1000Watt
    01-05 03:02 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) - Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States. Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas. H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of See me dilemma?

    This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
    I will appreciate your thoughts on this.

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  • here4gc
    02-29 12:05 PM

    what is your PD ?

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  • WTFever
    12-02 04:51 PM
    Hello everyone. Sorry if this is the wrong section.

    My mother has trouble with her knees and it is hard for her to do things around the house sometimes, and it is getting worse. She would like a live-in person to make things a little easier on bad days. She just needs someone that can help with or do everyday household chores, but does not require professional health care support.

    She has a friend in the philippines doing christian outreach work. The friend introduced her to a nice lady willing and able to come assist mom, and they chat often and have become friends. My mother would like to bring her to the USA to help around the house, and maybe enroll her in school since constant care is certainly not needed. (There are several good colleges closeby)

    I have tried researching it for her, but am now honestly confused. As far as I could make out, mom would need to get the lady here on H-2B....but i could be wrong.

    Can someone give us some advice please?

    Oh, one other thing. The condition of mom's knees are still up in the air with the docs. It is unknown whether surgery will be required, or how long healing might take...if it occurs at all. I don't think she can get the lady an indefinite stay, but I think she can come here and the lenght of stay be adjusted if needed.

    Thanks for any advice or help you can offer. I hope to be able to get a 1-2-3 condensed version. My eyes are bleeding from reading rules and regs

    Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts. -- Admin


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  • Honda
    09-03 01:21 PM
    All Charge-ability Areas Except Those Listed CHINA- mainland
    1st C C C C C
    2nd C 08JAN05 08JAN05 C C
    3rd U U U U U
    Other Worker U U U U U
    4th U U U U U
    Certain Religious
    Workers U U U U U
    5th C C C C C
    Targeted Employ-
    ment Areas/
    Regional Centers C C C C C

    If the priority date is "U" how come you are expecting the Green cards?

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  • JunRN
    12-17 06:22 PM
    No, it's not but you will get in trouble if you don't.


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  • bikram_das_in
    04-13 02:44 PM
    Congrats bro. Please keep contributing to IV.

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  • insbaby
    05-04 06:00 PM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.


    There are few steps you have to follow:

    1. As the previous post says, report to the nearest police station and get the number.

    2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp

    3. Go to their website, and there is an emergency number/lost passport number, call and inform them.

    4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
    They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.

    5. Inform USCIS the same and get guidance from them.

    The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.

    Always keep the copy of the scanned passport at hand when going out.

    Good luck.


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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.

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  • shirish
    08-02 07:45 AM
    Thanks for the reply,

    I do have H1B vaild until jan 2011(Did not use EADso far), and my wife has EAD vaild untill oct 2010. How about my 7 year old son (I had renewed his H4 along with my H1b in 2008 - did not have ead AP that time).

    Do I need to do any thing, is it required to renew AP to stay in status.

    Thank you


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  • lelica32
    11-05 11:31 PM
    Please send him letters to the following address:

    Barack Obama
    5046 S Greenwood Ave
    Chicago, IL 60615-2806

    Let him knows about our problems.

    I will send tomorrow a letter.

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  • kopra
    02-25 12:19 PM
    Yes you can say you didnt join them . Again, of all the cases i have heard , people at POE hasnt created any issue for H4 Re-entry.please take a one time appt with any good immigration att. so that you dont have to worry

    Thanks Kopra for the reply.

    Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.


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  • anukcs
    07-18 12:51 PM
    I received below email from NPR's Jennifer Ludden who had covered July 2nd issue for us. She wants to talk to somebody who was affected and she is aware that the issue is now resolved. I was not affected since my PD became current in june and my application was reached CIS in june itself. Anybody willing to talk to her, please call her.


    Thanks for your note about my piece on the green card mess. Now that DHS has reversed itself again I am doing a short follow up for tonight�s program. Were you affected, and would you be willing to speak with me? I need to do this very soon as the show goes on the air in a few hours�

    I can call you, or my number is 202 513 2256.

    Many thanks,

    Jennifer Ludden

    Jennifer Ludden


    635 Massachusetts Ave., NW
    Washington, DC 20001

    (202) 513-2256

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  • buehler
    04-30 11:38 PM

    Make sure that you work for your new employer only on a h-1. That way your spouse can be on h4. As for using AC21, in your case it is for continuing your I-485 processing and not for working for a different company. Make sure that you file your wife's 485 as soon as your dates become current. Hope that clears your doubts. (Also Don't use your email id as your user id. That is a sure shot way of getting plenty of spam)

    sundarpn, you don't need any documents from your previous employer to file your dependent's I-485.


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  • sanjay02
    01-22 04:40 PM
    Have you used AC21?

    What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

    Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

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  • MatsP
    October 25th, 2004, 02:09 AM
    I like the sky in #2, but as someone said "what's behind the fence". It's just not telling enough of a story. But the sky is a keeper for some PS work... ;-)

    My vote is for #4. I can't really tell you why, it's just the one my eyes keep coming back to...

    All of them have nice DOF. I guess they are at 18mm on your 18-55?



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  • a1b2c3
    09-25 01:34 AM
    If you need to retain your PD, does the job description need to be similar or can it be different?

    Mine is a similar case, I-140 is approved and would like to switch employers on 3 year H1 extension....

    My question is can I file for labor through PERM with the new company even if it is in different category and previous I-140 is revoked (worst case, maybe even realistic scenario)? What can my original company do to stop this H1 transfer/filing of new labor from happening?:confused:

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  • bluekayal
    10-22 08:29 PM
    call again using POJ method. But don't lose sleep.

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  • GCAmigo
    09-30 05:24 PM
    Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. .

    Mine is rotting in Atlanta since last Nov.. courtesy Fragomen..

    Good Luck

    07-18 12:18 PM
    $320 an hr!

    His 'RFE response' charges were $450!

    go figure...
    lotsa people are making money out of the s*ituation we are in!

    Except us...

    01-29 08:47 AM
    Obama's point was direct. "Others come here from abroad to study in our colleges and universities. But as soon as they obtain advanced degrees, we send them back home to compete against us. It makes no sense."

    He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D

    You have to remember, he is talking about the present POLICIES, and what your F1 visa expects from you. Not what people may manage to do (by hook and sometimes by crook)

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