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  • wandmaker
    02-23 11:02 AM
    Hello Sir,

    I'm in H1B visa, so also my husband.

    In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:

    - transfer my status from H1 to H4? have all pay stubs in tact.

    / You can transfer to H4 as long as you have all the paper work /

    - return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?

    / Yes, COS from H4 to H1 /

    - visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?

    / Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /

    Please let me have your views on this. Highly appreciate a speedy response.

    Thank you in advance,

    Shivani:confused:

    See Inline.

    Please update your profile





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  • ajm
    05-04 08:18 PM
    My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
    http://immigrationvoice.org/forum/showthread.php?t=600

    The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.





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  • burnt
    06-24 10:50 AM
    Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.

    I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.


    I-765

    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    I-131

    USCIS Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    Thanks

    Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
    On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)





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  • GCSOON-Ihope
    11-07 10:08 AM
    but unless someone personally recommends it is difficult to know which ones are good. even large well-known firms have made many errors, even after charging high fees

    You are 100% right. Choosing an attorney is always kind of a gamble.
    That shouldn't be but it is the reality. From my own experience, an attorney is as good as the job he does for you.
    You can find an attorney who has worked wonders for many people and...
    he screws up your application (that happened to me :mad: :eek: ).



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  • NikNikon
    February 14th, 2005, 04:41 PM
    I have a D70 as well, the lens I bought first was a 70-300mm Nikon AF G lens. It's not very expensive if your looking for something affordable and has a longer reach than the kit lens that comes with the D70. I do notice a better clarity with the 18-70mm, if you have the money and need the higher quality you may want something better. I also wanted to get the SB800 as well but decided on the SB600 so I could afford the zoom lens. Some camera stores will let you rent a lens, this is a good way to find out if you want to actually buy it. I did this recently with a 500mm manual focus and determined to wait when I could afford something with a AF.





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  • jvs
    12-03 12:29 PM
    I did H1 stamping out of Mumbai in May 2010, not as recent as you would like. The 221G threat level was high as usual. Same jobs for 8 years and its full time position, probably aided smooth sailing. No documents were asked, just couple of questions about designation and pay. The consulate network had gone down that day so was advised by the CO there would be delay in visa printing on PP. Got the PP after 10 days instead of usual 3 days. This was 4th H1 stamping in same consulate.



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  • mattresscoil
    11-05 02:42 PM
    They might not necessarily ask you, but its always safe to have the below documents.
    In our case, they asked us once and the other time, they did not care.

    1. Copies of Passport of both the parents (page with picture and name details)
    2. A letter authorizing your in-laws to accompany your daughter.

    Get it notarized if you can. If not, send the signed copies.

    If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
    dipmay2002, never_giveup:

    Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.

    Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)





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  • Administrator2
    01-20 01:51 PM
    Beautiful.

    I was not able to access website over the weekend and wondering why! Here it is.

    Great job. I saw that we still have the great feature and same login defect :)

    Hi ItIsNotFunny,

    Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.

    Thanks,



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  • randallemery
    06-06 07:04 AM
    My home city is holding a hearing tomorrow on immigration, and I'd like to offer up the opportunity to take your collective feedback to the hearing.

    What are the issues that you face in everyday life? What are things you have to do now that infringe on your ability to be as productive as you could? What are things that you are prevented from doing?

    How do you think local governments might act to improve the situation to the benefit of everyone?

    Cities do have an interest. For example, divided families have well documented ill affects on children that lead to risky behaviour and increased local social issues. City tax revenues are lost by the inability of H1B visa holders to start a business or to move to higher paying jobs.





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  • p_kumar
    01-24 04:38 PM
    Hi all,
    will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
    will this create an issue when we renew her EAD ? I wanted to renew with our married last name.

    Thanks in advance

    Ask your lawyer to inform USCIS about the name change.They will send all supporting documents like marraige certificate, drivers license etc. If you want to change it after getting the green card, you will have to file form I-90 and pay $300 fee.



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  • neeidd
    10-15 11:42 PM
    Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
    Thanks for your response





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  • coolgc
    05-08 02:51 PM
    Thank you, Dallasdude!



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  • willwin
    08-11 11:29 AM
    Ok we have the poll, now can we start guessing when our dates will be current.

    possibly we need another poll with these options asking when do you think your PD will be current

    1) 10-12 years
    2) 12-15 years
    3) 15 - 20 years

    :(

    You are one optimistic dude in EB3 queue!!

    Not so early :-)





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  • Michael chertoff
    02-15 09:38 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.

    Some one please help him.. I dont know what to do...

    Papuu please advise him.

    MC



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  • seahawks
    06-02 08:43 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?


    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.





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  • teky
    11-12 05:30 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.

    Regards,
    Teky.



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  • GC_1000Watt
    12-09 05:40 PM
    sorry didnt see the last 2 lines of your post starscream....

    i will talk to some lawyers and hopefully get some answers.

    my company said the appeal will take atleast 6-7 months nowadays...

    i can work till then without issues.

    Hi Sid,
    Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
    Thanks.





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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)





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  • chanduv23
    10-13 01:00 PM
    Mark is from LI. I wonder why he does not show up any more. Has he quit IV?

    He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D

    Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.





    deafTunes123
    09-04 01:28 PM
    My Lawyer sent a letter explaining to port from EB3 to EB2. He attached both the copies of the approved I-140s. btw. my new approved I-140 has the priority date of EB3. Lawyer request to port the PD from EB3 to EB2 at the time of I-140 application.

    He also mentioned the A# no.s in the Cover Letter.
    Also my Approved I-140 has the A# printed in the beneficiary column.

    Hope this helps.

    I am hoping that PD is ported successfully.

    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks





    klpd4dc
    08-20 01:44 PM
    All,

    I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with USCIS A# A08xxxxxxx. I wonder if this means that a visa number has been assigned to my case. If not, is it merely another case or alien number? I found the following at http://www.kkeane.com/general-faq.shtml and am not sure what the A# stands for. Also, any idea why the priority date field is empty on my FP notice?

    <QUOTE>
    There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.

    Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
    </QUOTE>

    My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.



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