soumya_bhatta
03-23 11:31 PM
Thanks for the reply.
No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.
So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.
I will read I 9 more carefully with time. Also started upgrading profile.
No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.
So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.
I will read I 9 more carefully with time. Also started upgrading profile.
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ssksubash
07-23 02:27 PM
Hi,
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
arnet
11-02 12:33 PM
if you need attroney, i can suggest few like rajivkhanna at immigration.com, sheila murthy at murthys.com, sonal mehta at nankin.com/mehtaverma.html, shusterman at shusterman.com. if they are out of state people, you can do teleconference.
if you have any legal advise questions, you can post your question to the attroney sonal mehta vema who gives free legal counsel in IV forum, check the following threads to know how to post a question:
http://immigrationvoice.org/forum/showthread.php?t=1267
Disclaimer: use it at your risk. I'm not an immigration attroney, consult one for your situations as laws/procedures are changing often.
I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.
R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks
if you have any legal advise questions, you can post your question to the attroney sonal mehta vema who gives free legal counsel in IV forum, check the following threads to know how to post a question:
http://immigrationvoice.org/forum/showthread.php?t=1267
Disclaimer: use it at your risk. I'm not an immigration attroney, consult one for your situations as laws/procedures are changing often.
I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.
R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks
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lazycis
10-19 01:22 PM
I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
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chris
10-23 04:48 PM
I also got an LUD, no idea what it means? May be RFE or Approval or nothing.
You may see approval email soon
You may see approval email soon
dehradoon
10-09 04:25 PM
Hi,
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
It is not required, only the application number for the 140 would do and the print out of the page from the uscis website saying "approval notice sent"
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
It is not required, only the application number for the 140 would do and the print out of the page from the uscis website saying "approval notice sent"
more...
mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
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bigboy007
04-07 12:17 AM
There is tons of info on IV's Forums itself. But I think here are key things you might think about :
Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
more...
Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
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krishmunn
08-10 08:54 AM
First, there is nothing called "sponsoring a visitor visa". You cannot sponsor . Every visitor need to qualify on his/her own.
If you mean sending an invite letter and copy of your H1 to show they are visiting you , it is fine.
If you mean sending I-134 -- Affidavit of Support -- the Affidavit has no legal value. If the visitors do not have enough liquid cash, they can say that you will fund the trip (and you can send your bank statements to prove). Anybody else (like your siblings in home country) can also fund the trip. If they have cash, best is to show that as source of their trip.
If you mean sending an invite letter and copy of your H1 to show they are visiting you , it is fine.
If you mean sending I-134 -- Affidavit of Support -- the Affidavit has no legal value. If the visitors do not have enough liquid cash, they can say that you will fund the trip (and you can send your bank statements to prove). Anybody else (like your siblings in home country) can also fund the trip. If they have cash, best is to show that as source of their trip.
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
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CRAZYMONK
04-26 08:41 AM
When you applied for the second time in New Delhi, did they hold your passport?
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perm2gc
09-14 12:29 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
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Charleh
11-30 11:04 AM
Well I'm not sure about datalists but assuming you have edited the object in memory the binding should reflect the edits. If not I usually just write a Requery method which queries the data source again and rebinds the offending control
You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).
It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)
You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).
It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)
more...
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sprint2004
09-11 12:29 PM
Ok! Thought of starting this thread to track EAD/AP/FP notices and updates for early july filers. This way we can see if there is any kind of pattern going on. My details below:
I-140 cleared from TSC
485 filed july 2nd with NSC
Checks cleared on 9/4 and got RN# starting with SRC (TSC)
USCIS Case update shows "Last update" as 9/3 for EAD/AP.
Thanks,
I-140 cleared from TSC
485 filed july 2nd with NSC
Checks cleared on 9/4 and got RN# starting with SRC (TSC)
USCIS Case update shows "Last update" as 9/3 for EAD/AP.
Thanks,
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vrkgali
02-13 11:36 AM
Pappu, very good article. I saw this in this month's Kiplinger.
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
these things are like taking a duck to the pond ... for a Desi..
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
these things are like taking a duck to the pond ... for a Desi..
more...
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ajay_hyd
05-01 08:04 AM
I talked to an attorney and they said its best to file for AC21. i want to file it but am not sure if i should take attorneys help (and pay them) in filing this or just work with the new employer to do it.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
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transpass
08-08 06:44 PM
I and my family have to travel to India urgently due to medical urgency. Our only AP document was taken last year and this year the renewal is not yet done. We are using our EAD status and H1 is expired and no longer available.
Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.
If this question has been answered earlier, can someone point to the right source.
Thanks in advance.
Check with the lawyer first...I don't think you can apply for AP while you are outside U.S. I know for sure, Reentry permit will be denied if you apply from outside U.S. I am not sure if it's the same for AP. Incidentally, you use the same 131 form for both...
So check with a lawyer before you act based on the advice from the forum, even if it means shelling some money...That money will be well spent...
Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.
If this question has been answered earlier, can someone point to the right source.
Thanks in advance.
Check with the lawyer first...I don't think you can apply for AP while you are outside U.S. I know for sure, Reentry permit will be denied if you apply from outside U.S. I am not sure if it's the same for AP. Incidentally, you use the same 131 form for both...
So check with a lawyer before you act based on the advice from the forum, even if it means shelling some money...That money will be well spent...
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nixstor
03-12 04:13 PM
roseball,
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
godbless
06-25 05:32 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
is it true guys ??
rparuchuri
08-10 08:42 AM
I think you can safely sponser visitors visa while you are on H1B. What do you mean by working at clients place? is that place listed on your H1B application. Many times Attorney list any other state as required. I remember my attorney doing this. But still, I don't think it should matter, at the same time, I am not an attorney.
Good luck
Good luck
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