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  • Blog Feeds
    08-09 10:40 PM
    As of July 24, 2009, approximately 44,900 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits. The H-1B program allows foreign nationals to work for their U.S. sponsor employer in a specialty occupation that requires theoretical or technical expertise in specialized fields. This may include scientists, engineers, and commuter programmers to name a few. The cap count for H-1B fiscal year 2010 is available at www.uscis.gov (http://www.uscis.gov).

    Call us at 214-999-9999 and Kraft & Associates will answer your H-1B questions.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/q6etIgCz4yY/)




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  • chanduv23
    03-19 04:31 PM
    Will they send an RFE immediately even after the I-485 has been pending for more that 180 days?

    depends on the officer. A lot of officers do not know the AC21 law. As soon as they see 140 being revoked, they blindly send denial notices for 485 and you have to correct this through MTR.

    After a 140 revocation by ex employer, it takes a few weeks for USCIS to act.




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  • gc28262
    07-19 12:43 PM
    thanks for the quick response,
    Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??

    You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.

    Please see a note by Ron Gotcher below.

    ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)




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  • sledge_hammer
    06-25 12:14 PM
    The date you sign the form has nothing to do with the date USCIS receives your application packet.

    if we sign 28th june , it will be considered 1st july filing ?



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  • frostrated
    06-11 04:07 PM
    Admins,

    I get the following error message when trying to access the thread "EB2-EB3 Predictions (Rather Calculations).."

    This webpage has a redirect loop.

    The webpage at http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-294.html#post1963467 has resulted in too many redirects. Clearing your cookies for this site or allowing third-party cookies may fix the problem. If not, it is possibly a server configuration issue and not a problem with your computer.

    Here are some suggestions:

    i have the same issue too. does not let me continue to the next page. It works on a different computer though.




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  • nikhilarora
    10-07 05:24 PM
    Hi All,

    I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my Company -B's H1B Application is Still in Pending.

    Now i would like to do the COS from Company B(pending H1B) to F1 as I already received I-20 from the University for the Spring 2010.

    Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.
    Case i : what happens to my Pending H1B Application with the Company B.
    Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
    Case iii: what happens if my H1B to F1 Change of Status gets denied.

    Appreciate your valuable answers.



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  • kriskris
    08-24 11:19 AM
    Even i couldn't view it from Firefox. I saw the video from the same browser for first 2 days and all i see is a blank screen after that.




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  • uma001
    07-29 02:22 PM
    Hi..
    I came to US on H4. My H1B got approved when i was in India. But I came through H4 only.
    Now i want to change H4 to H1B. If i want to apply for change of status..do i need to go back to india(ot other countries) for stamping? Or can i get H1B staying here?
    Please help..


    Currently you are on H4. If you apply for H4 to H1 transfer, you can get H1 and start working from October this year. If you cannot find project immediately, you wait up to 3 months or 6 month (maximum), otherwise change status back to H4 or you will be in trouble. Since economy is not good, it is tough to get projects nowadays, already current H1 holders are looking for projects and some have gone back. if you have already worked in India, then you may get project easily, If you did not work, then it is tough to get a project. When you are on H4, you can have peaceful life while your psouse is working, you can have get togethers whenever you want, you can cook special dishes for your spouse and wait at the door in the evenings.Real problem arises when you become pregnant (assuming you are woman), you need to take a long break if you are working,, especially if you are away from your spouse....so point is have fun with spouse, have get togethers with other couples, go shopping at BedBathandBeyond/walmart/target/jcpenny in discount seasons, have honeymoon trips again n again...Go to India whenever you want.These things are so memorable than struggling to get projects and maintaining status. When you cant maintain status you cannot go to India whenever you want....
    Just want to let you know the real picture...when H4 wants a H1.



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  • gsc999
    04-02 02:37 PM
    Attention Northern California State Chapter Members:

    We have a conference call to discuss our AdminFix - Phase II strategy. Please mark your calendar and attend.

    When: Thursday(04/03) @ 7:00 p.m. to 7:45 p.m.
    Where is the call in info: Already posted in the Northern California state chapter group.

    Given the success coming out of Phase I, there is tremendous potential for a big change in the green card process by implementing Phase II

    Other state chapter members who are in the midst of planning for Phase II are also welcome to join. But you have to belong to a state chapter in order to participate

    Lets do this guys.

    PS: If you live in Northern California and aren't member of Northern California state chapter, PM me your phone number and e-mail Id so that we can get you all setup




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  • pokiri
    07-09 11:21 AM
    Hi Uma,

    As you mentioned that I need to apply the transfer through a Lawyer, I am little confused.

    My consulting company with whom my H1B exists and to which my wife's H1B to H4 transfer is planned, have sent me the required documents "I539, Application to Extend/Change Non-immigrant Status" and asked me to send them to USCIS myself.
    Is this fine ?

    Thank you.



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  • new2gc
    06-24 10:14 AM
    Here is the USCIS official URL page/ press release:

    http://www.uscis.gov/files/article/premproc_22jun09.pdf

    Now the PERM takes 2years... whats the difference for new guys? My friend stuck in labour for almost 15 months now. got RFE, replied to it and stood stand still..

    But this helps for someone who filed during July'07 fiasco and waiting though. I got mine approved in late feb'09 (filed in July 07).

    Something is better than nothing.... :-)




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  • nhfirefighter13
    November 17th, 2005, 12:17 PM
    I actually like the background but maybe if you burned it in a little bit.

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  • Prashanthi
    05-27 05:19 PM
    In order to do this, she will have to leave the country and apply for a H-1b consular processing. Get a new visa and come back into the county on H-1. She cannot file for a change of status to H-1 from AOS.




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  • andy garcia
    11-07 02:24 PM
    Hi,

    I am unable to determine if the 180 day timeline is calculated from RD or ND? There are different opinions here in this forum and no clear answer. Is there a law text that defines this clearly...does anybody know?

    yea...I did search this and some of the other forums :confused:

    Tanks

    Taken from: Yates Memorandum (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf)
    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.



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  • wandmaker
    05-12 12:53 PM
    Hi. I am currently here in the US applying for AOS from a B2 to F1 visa. I sent my application on the 26th April with USPS Express mail request return reciept. My current 1 94 expired on April 28th. My return receipt from USPS says that my item was signed for on April 28th leaving me still in status but when I received my I 797 C it says that the receipt date is April 29th. I am very worried and I am wondering if this is something I should call their customer services department about. I do not want my application denied simply because I may seem not to be in status. Please help, I am very worried.

    As long as you have a copy of the delivery receipt you are good and not out of status.




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  • sanjeev_2004
    06-16 12:49 AM
    In the 485 check list sent by my employer one of the item is :

    "Affidavit of support duly notarized (Form I-864) if you are applying for your family"

    I am applying for my self and my wife and for my daugher. I will send my all paper to my employer and he will sent to attorney.
    Do i have to fill form I-864 or attorney will fill form. if i need to fill then where i can find this form and how i can notarize it.

    Please help.

    Thanks.



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  • kgb
    06-02 12:47 AM
    Hi, This is my first time here. I have been hearing a lot about H1-extensions facing challenges. One of my friends, who is a consultant has got his H1-extended only for a the next 6 months. I understood from him that his client manager was called and asked how long his project will last and since the answer was, "6 months as of now, and longer if the market picks up", he was given the extn for 6 months. Another friend of mine who works full-time in a technology company has got his H1 extended for 3 years. My question: Has any of you(if you are a consultant) got your visa extended for 3 years, or do you know of a consultant who has got his visa extended for 3 years in the last few months. I know, that consultants face a lot of scrutiny, but wanted to confirm if for all of them, the extensions are limited.




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  • webm
    03-17 05:46 PM
    if you have an approved H1B petition and you use AP to enter do you lose your H1 status?

    No, not at all...You can still continue working on H1B..




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  • fatboysam
    08-28 09:52 AM
    I have to get my h1b visa stamped on my trip to India, looks like this time , i will have to upload my photographs also. Do you have any suggestions, from where can i get these photographs taken ?




    ujjvalkoul
    07-06 09:14 PM
    Lookds like USCIS cannot conver 72 MOnths to 6 yeaRS....

    They just approved my I 140 today.




    nissan_1
    06-15 09:50 AM
    As long as you return before the stamping expires on your passport, you are fine. Just carry the new H1B Approval with you and 2-3 recent paystub and a job reference letter from your employer. While entering US, show the new approval and make sure your I-94 has the correct employer name and expiry date. Sometimes the officer makes mistake :)

    If I were to go for an India visit, Do I need to have the stamping done again while returning?



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