Monday, June 27, 2011

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  • kaisersose
    07-08 10:29 PM
    I was looking through my LC and 140 documents and found out that there are two different job titles in LC. One is Employer Job title which is "Analyst Programmer" other one is prevailing wages occupational title which is "Computer Systems Analyst". My question is what should be my Title at new employer?

    Programmer, analyst programmer, developer, software engineer, sr. software engineer, sys analyst, etc., are all the same.

    The gray area starts when a developer moves into business development or becomes a manager.





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  • thomachan72
    02-03 05:08 AM
    There should not be any issue for applying with only 2 months left. If you wait to get the next approval notice and go for stamping closer to the starting date of your next year of H1b you could get stamp for the next period too.
    If there is 2 months or above left on the current extension then they will not give a visa including the new approval period. They will give only for the 2 months. So perferably go closer to the begining of the next period along with the new aproval notice (if you want to travel freely for the next period too)





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  • thomachan72
    07-14 02:02 PM
    Hi Guys,

    A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.

    I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
    I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.

    Can i really do the above or am i getting too optimistic.
    Please reply soon as i have to make some really quick decisions.

    Regards
    N
    your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.





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  • jeffsmith
    03-24 12:48 AM
    Yes you can do this...just call the embassy....Indian ambassy is pretty fast....to help on this...



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  • mach1343
    12-07 02:16 PM
    Hi,

    I was on H1 before and my I797 form says my h1 is good till 082011. And in June my employer terminated my employment. Within a month I changed my status to H4 and got my H4 visa stamped from India. Now I got a project and my employer re hired me and started my h1 processing (regular). And my client gave the start date from Dec 14th.
    My employer is saying that you can work from Dec 14th however once you get an approval you have to leave and comeback with H1 stamp on it.
    They said that we have done these situations before and I also contacted one of the person and she was saying that she started working once h1 filed then she immediately left to India to get stamped (She also said they is an option to get it stamped in Canada as well).

    Now is this true? My GC process currently waiting for the date (EB2-I140 APPROVED). Does this affect my GC in future?
    I told my employer( it's a big reputed company) and they are saying that we will ever do anything illegal, if it is illegal then we won't even consider that option so you are fine don't worry and our immigration lawyers are very experienced so you have understand and trust us. This is what they are saying.

    Whom to believe? What is right? what is wrong? Please understand my confused situation. I am going through lot of stress right now because of this.





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  • glus
    04-07 09:00 AM
    You can do Info pass and ask for both. Alternatively, you can try calling USCIS when your priority date is current and ask for this information. If you are lucky, they will tell you whether or not there are any security checks are pending. People noted that there are no LUD when NC gets through. On the other hand, if one has a FP and a couple of days later there is a LUD on I485, that often means FP cleared. Remember that FP and NC are completely separate tasks.



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  • ernie
    07-26 06:51 PM
    sent my packet last july2 it was received july 5, no receipt notice yet, any similar experiences?





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  • miguy
    06-15 11:32 AM
    Does anyone know if you can file for I-485 on a B1/B2 or do you need to have an H4 status?



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  • Sjon
    05-27 09:23 AM
    there is currently an interesting battle going on, http://www.kirupa.com/forum/showthread.php?t=97495&page=1&pp=15

    maybe you can join as well.





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  • arunoman
    08-30 03:05 PM
    Is it possible to change to Consular processing while I-140 and I-485 is in pending.

    I filed 485 in Aug and do not have the receipt either.

    Kindly advice.



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  • Blog Feeds
    09-28 12:50 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)





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  • pandu345
    12-19 04:25 PM
    Thanks for quick response smartboy.Your response gives me much strength.I was only worried about the fact , that I left my employer and did not file for about 20 days in between.



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  • loku
    09-30 08:38 PM
    Hello,

    I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.

    My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.

    Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:

    1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?

    2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?

    Thanks for your help and time. Please advice!!





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  • pom
    10-01 04:53 AM
    I could only see the second one, and it's not bad. But I have no idea what you were trying to show... It looks a little bit like my room when I wake up, before I put my glasses on...

    pom :cowboy:



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  • GCeffect
    08-12 09:27 PM
    does anyone havea any idea about the EB3 status for the rest of the world? please experts give us some hope....my PD is May 2006. Any hope soon????





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  • GotFreedom?
    09-21 03:03 PM
    I e-Filed the AP for my wife and myself over a month ago. We received the receipt notice for my application but did not receive it for my wife's application. The e-filing generated the receipt number starting with LINxxxxxxxx for both the applications that shows as valid application at the USCIS's online status tracker. Should I contact the USCIS's customer service and inquire about the receipt notice for my wife's application of just ignore it coz' its not a big deal as we already have the receipt numbers?

    Thanks in advance gurus for suggestions!!



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  • GCFROMOHIO
    05-06 10:01 AM
    Hi All,

    I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.

    Thanks for all your responses.....





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  • emeraldth
    01-05 04:14 PM
    For my case, it looks not very easy to keep the same job title after switching employer. So I'm wondering whether anyone has the experience about how to persuade current employer not to revoke my I-140?
    My situation is that the managers of quite a few departments in my current employer like me, but these managers are not getting well with each other. So I actually cannot enjoy this and am suffering the politics. And my pay is quite low, much lower than what I got in previous IT company although at that time I was a very fresh graduate, and also lower than the prevailing pay in this industry in the same city. The only reason I joined this one was for family reason.





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  • scorpion
    07-11 11:49 PM
    If you have provided your email in AR-11 then you will get confirmation.





    simbasimba
    03-25 03:18 PM
    My fianc� is on a tourist visa and I am on a H1B visa, we are planning to get married while she is on a tourist visa? Is that okay to do so, any restrictions?
    Second question After marriage can I convert her visa to H4 dependant visa while she is here, so that she can stay with me without going back? Does she have to go out of the country for this conversion to happen?
    Also if she wishes to go out of the US on the tourist visa after we get married can she still apply for a dependant visa H4 to come here ? Will that cause any issues for her?

    Which one is better to do, marry and apply for her conversion right away over here or should she go back and apply from outside the country?

    Thanks Much!





    sledge_hammer
    07-01 03:30 PM
    What to do, what to do!!! :D

    Btw, why didn't you take the poll? :)

    Sledge hammer nobody is interested in the poll it seems ;)