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  • Blog Feeds
    11-01 09:10 AM
    According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

    Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.

    The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.




    More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)





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  • baburob2
    08-21 09:11 PM
    You could travel out and enter into US using your old visa stamp assuming that you enter before your old visa stamp expires. However show the new approved I-797 H1B petition at port of entry and they MOSTLY will give you a new I-94 valid till the expiration of new I-797 approval.





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  • Sivalika
    04-15 10:29 AM
    Hi !!!

    i was suffered fm TB long time back around 5 yrs back .... i am scared whether due to this reason my I-485 gonna be rejected. I already went trought the full 9 months medication at that time and been fully cures as my own mamaji was a TB specialist.

    Can someone suggest me if they have gone through the same case. And if i need any documents to let them know that i am fully cured because my X-ray shows that spot/scars which says that i had TB and my mamaji told me that the scars will never go because of the medcation thing?? Please help





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  • vivekm1309
    08-02 01:51 PM
    Please close the thread if it is non sence.

    Just thaugt to have a idea about how many people have missed this opprtunity.

    MY PD is EB2 June 7 2006.

    MC

    This seems like a filibuster thread :p Our folks seem to be learning fast from folks like Senator King & Senator Sessions :D



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  • whiteStallion
    10-14 03:14 AM
    I agree, so disappointing !





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  • lecter
    January 17th, 2005, 08:42 AM
    Fred, try some pictures with the kids looking away, perhaps throwing her hair back and laughing, get him to point at the source of the mirth, that kind of thing. Then you have a different portrait..
    Cheers,
    Rob

    How to establish " successor in interest" in my case? [Archive] - Immigration Voice

    View Full Version : How to establish " successor in interest" in my case?




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  • India_USA
    09-09 08:15 AM
    Isn't this the same argument one of the members said regarding the 500 visas not allocated to EB3 India last year?





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  • sukhwinderd
    09-11 10:35 AM
    keep in touch with me. i will try to go to local office after 90 days (ie after oct 2nd) in case i dont get EAD by then (my lawyer sent my 485 on 6.29.2007) . its just to expedite not for interim EAD. cause they dont issue interim EADs anymore.

    but if you have decided to file for H1 then no point in waiting for another month.
    in my case the lawyer takes too much money, even though i dont pay directly but it comes out of my salary, ultimately thats why i am not pushing for my H1 extension.
    also i am hoping i will get my 140 by then so that i can get 3 yr extension.



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  • vaib.shah1
    01-27 12:12 AM
    Dear All Immivoices,

    My parents have 10 years multiple visa. It was issue in year 2007. They have visited USA
    before two years. If they want to come again, is there any document I need to send them?

    Thanks in advance to all of you.





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  • dummgelauft
    09-03 12:51 PM
    starting with : we have 'uh' did what right for arizona...

    No wonder why AZ tightened the immigration law, may be illegal immigration caused the damage on American grammar.

    ..."we have DID what was right for Arizona..."...

    Madame Governor needs lessons in basic english grammar...Wren and Martin is in order.



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  • swamy
    12-12 08:25 PM
    Just my thought for what its worth.

    GG_007

    please stop thinking then





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  • validIV
    01-22 04:57 PM
    Shouldn't be difficult but it is the USCIS that we are talking about after all. Unless it is passed as law, it wont happen. A dual stage I-485 application process was being discussed last year but nothing came out of it. Piecemeal legislations will not pass as the public wants CIR not bandaids.

    And FYI, EAD does not eliminate employer dependency—you still need an employer.



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  • little_willy
    12-14 02:03 AM
    When submitting AR-11 form online, you will be given an option to update the address on your pending applications, this will update address on your I-485. Once the AR-11 and G-28 forms are submitted, follow up in a couple of weeks by calling customer service to verify that your records has been updated with the correct address and attorney information. Also, if possible try retaining your previous attorney for your case, this is always a safe option.





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  • eilsoe
    10-21 02:23 AM
    Hey vts, the box looks ok, but what's going on with that white smokey thing?



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  • Munna Bhai
    11-01 06:56 AM
    Hello,

    My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.

    Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.

    Thanks in-advance for any update.





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  • StuckInTheMuck
    06-18 11:10 AM
    ^^bump^^



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  • regacct
    04-27 03:05 PM
    Kyl Guards McCain’s Right Flank - Roll Call (http://www.rollcall.com/issues/55_122/news/45582-1.html?ET=rollcall:e7374:80088824a:&st=email)

    One politician standing up for another, but no one standing up for us - who really need it!!!!!





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  • punjabi
    05-12 03:23 PM
    It is always recommended to renew both EAD and AP together, though you can chose to renew only AP.

    My guess is that 120 day rule applies to EAD only, and not AP.

    You can renew EAD after it has expired, but again it is recommended to at least send in the application BEFORE the expiry date.

    Good luck.



    I am having my EAD and AP and I am not using my EAD.

    EAD expires Sept 08
    AP expires Oct 08

    My question is

    Can I renew AP only ?
    If, I do not renew EAD will it be a problem in the future ?
    Can I renew it after EAD has expired ?

    Also, If I am renewing AP only, when does the 120 days rule come into picture.
    Is it with the AP date or EAD date.

    Your input will be appreciated.





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  • chicago60607
    01-06 12:13 PM
    Change.org (http://www.change.org/ideas/browse) (pick Immigration in the browse by cause box on the right side of the screen) is now actively voting on various ideas.

    There are 3 ideas there, but none for our cause.

    I am no pro on these, but may be we could get an idea inserted for our cause and get enough votes on it.





    arnab221
    03-19 03:41 PM
    They said that they were hoping that they would be able to introduce something this month , but the refuse to confirm anything . They said that the bill was still being amended and refused to give any time frame .:mad:





    magazine
    09-28 04:56 PM
    We are a canadian family who moved to the US about 10 years ago. We are US permanent residents; all have green cards. My husband lost his job in the US last month and we are currently staying with family in Canada until my husband gets another job. But this other job may be in Canada or in the US again. Until he gets an answer and we relocate, we would like to put our children in school so they don't fall behind by the time we get to our next destination - which could be about another month or so. If we place our children in canadian schools until then, will this jeopordize our green card or status?



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