venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
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dpuranik
02-19 11:50 PM
How do I know which dates are currently available for H1B visa stamping?
a_yaja
08-17 05:06 PM
Thanks for your reply. What does DMV care about to decide till when the license will be valid?
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
You said that you live in IL. As far as I know, in IL, they do not care about Immigration Status - unless it is something very recent. My brother lived in IL till March 2009 - and his DL was issued for 4 years. I am sure that this is the case for Motorcycle license too.
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
You said that you live in IL. As far as I know, in IL, they do not care about Immigration Status - unless it is something very recent. My brother lived in IL till March 2009 - and his DL was issued for 4 years. I am sure that this is the case for Motorcycle license too.
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clockwork
09-21 05:47 PM
I did get an LUD on my approved I-140 which i am not using for Adjustment of status. I have applied I-140 and I-485 concurrently through a different employer. I am really surprised what caused to trigger LUD on that I-140. I am not asking for priority date port either. Interesting.....
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Blog Feeds
09-18 10:20 AM
Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
reachinus
07-18 01:06 PM
june 12th applicated date.. betweenthey are company checks so i cant track them
thanks for the update. As said u will have 3 numbers for each of ur 3 applications. All the best
thanks for the update. As said u will have 3 numbers for each of ur 3 applications. All the best
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tish
06-26 05:37 PM
question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?
Doesn't matter as long it is in SEVIS system
Doesn't matter as long it is in SEVIS system
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smisachu
08-22 04:09 PM
[URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
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pointlesswait
03-06 09:55 AM
Arent you allowed to apply for OPT only after you express ur desire to "graduate"?
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
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user1234
08-22 03:54 PM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
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testsite
11-03 10:26 AM
Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?
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vikki76
02-27 05:48 PM
Indian banks usually issue a check/banker's check in name of educational institute.You don't need to pay any tax on it.Then that check is deposit to Univ's/Institute's registrar/bursar office.
You will have to pay indian bank certain interest in quarterly/monthly basis.
You will have to pay indian bank certain interest in quarterly/monthly basis.
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coolpal
03-27 05:20 PM
I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
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pictures Tea Leoni, Jamie Pressly,
kghoshal
01-22 07:06 PM
My H1-B is valid from September 14 2006 to September 14 2007.I got laid off recently; my LC is pending Dallas Backlog center last 3 years, I got new job and submitted my last pay stub December 15 2006 to my new Lawyer with my ex lawyer contact address. I do not know whether there will be any hassle in USCIS for my H1-B 8th year extension approval? My new lawyer is yet to file my premium H1B extension. I am very anxious regarding the uncertainty of extension.
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Biking
05-24 12:30 PM
Dont you think this is foolish on your side..
Yes. Thanks.
Yes. Thanks.
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tkumar03
07-01 04:12 PM
Hi
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
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onemoredesi
06-23 09:38 AM
You can retain your PD if your employer does not repeal your existing Labor Certification. In other words as long as your Labor is not cancelled you can apply in EB2 and get the labor approved (typically takes 3-5 months in PERM depending on how fast your Attorney is).
In fact, I am in the same boat, just waiting for my EB3 Labor to be approved.. I am a Manager + I also have Master's .. so, I'll also be doing the same.. Pls do share your experiences how the transfer is working..
1MoreDesi
In fact, I am in the same boat, just waiting for my EB3 Labor to be approved.. I am a Manager + I also have Master's .. so, I'll also be doing the same.. Pls do share your experiences how the transfer is working..
1MoreDesi
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Tommy_S
04-09 05:45 AM
Nice. Really professional look. ;)
wc_user
07-19 12:27 AM
I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.
martinvisalaw
01-28 12:44 PM
I agree with Kanshul. You don't need AP just to remain in the US, however I strongly recommend getting it even if you don't plan to travel. You will need it if there is an emergency and it is difficult to get at short notice. There are many messages on this board from people who had to travel unexpectedly before AP was approved and wonder if they can return to the US.
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