rsayed
02-21 03:38 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
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krishnam70
02-20 08:05 PM
Hello All,
I am going to India and have to go for stamping. I come under Chennai consular district but planning to go to Delhi because of high rejection rate in Chennai.
First thing, I am not sure if I can go to Delhi when I come under Chennai consular district.
Second thing is, should there be a valid reason with supporting documents for attending the visa appointment in Delhi instead of Chennai.
Your thoughts and experiences on the above points would be very helpul for me in resolving this issue. Thanks a lot.
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). If you have all the documents related to your employment and are able to prove you are still working and necessary for your job you should get your visa. It all depends on the documents presented and some of it on your luck
- good luck
kris
I am going to India and have to go for stamping. I come under Chennai consular district but planning to go to Delhi because of high rejection rate in Chennai.
First thing, I am not sure if I can go to Delhi when I come under Chennai consular district.
Second thing is, should there be a valid reason with supporting documents for attending the visa appointment in Delhi instead of Chennai.
Your thoughts and experiences on the above points would be very helpul for me in resolving this issue. Thanks a lot.
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). If you have all the documents related to your employment and are able to prove you are still working and necessary for your job you should get your visa. It all depends on the documents presented and some of it on your luck
- good luck
kris
sbmallik
07-01 03:40 PM
Good luck on your H-1B transfer ... in the worst scenario you have 10 days.
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dilbert_cal
03-09 05:51 PM
Answer Embedded
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
YES
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
YES
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
more...
sunny1000
03-18 09:08 PM
I have sent the request for renewal of my and my wife's advance parole to the USCIS about 10 days back.
Following is the list of documents that I have sent, along with a fees of $360, online (each)
- Copy of the Confirmation Receipt notice.
- Copy of I-485 petition.
- Current Status of I-485: Case received and pending.
- Copy of I-94.
- Copy of current approved I-512L, authorization for Parole of an Alien Into the United States.
- Copy of Passport.
- Two photographs.
- Copy of Drivers License.
Do I need to send any fingerprinting document?
Is there anything else that I need to take care of related to this request for advance parole renewal?
I really appreciate your help in the matter. I got the receipt from USCIS.
I sent my EAD copy as well.
Following is the list of documents that I have sent, along with a fees of $360, online (each)
- Copy of the Confirmation Receipt notice.
- Copy of I-485 petition.
- Current Status of I-485: Case received and pending.
- Copy of I-94.
- Copy of current approved I-512L, authorization for Parole of an Alien Into the United States.
- Copy of Passport.
- Two photographs.
- Copy of Drivers License.
Do I need to send any fingerprinting document?
Is there anything else that I need to take care of related to this request for advance parole renewal?
I really appreciate your help in the matter. I got the receipt from USCIS.
I sent my EAD copy as well.
kirupa
05-16 02:30 PM
You could try to draw the C manually or use a pixel font that is better suited for the blocky look ;)
more...
Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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Saralayar
03-18 12:07 PM
Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?
I also got one on 03/13/08 on my approved I-140.
I also got one on 03/13/08 on my approved I-140.
more...
franklin
08-28 08:31 PM
what to do after attending the rally?:D
Along with all the others who couldn't be bothered to come to the rally, you will shower those that made the effort with extraordinary amounts of praise and adoration for making a personal sacrifice to change other people's lives :D
...and then wait...
Along with all the others who couldn't be bothered to come to the rally, you will shower those that made the effort with extraordinary amounts of praise and adoration for making a personal sacrifice to change other people's lives :D
...and then wait...
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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.
more...
Raj Iyer
10-07 05:14 PM
Hi:
Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.
During all these process, make sure that you are on your H-1B.
Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.
During all these process, make sure that you are on your H-1B.
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i99
09-18 01:46 PM
Please see another attorney (not through your employer) ASAP. Have and individual consultation. I think the best you can do is to help yourself at this point. Hang in there. :(
more...
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Macaca
09-14 10:11 PM
/\ /\ /\
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IQAndreas
03-05 01:36 PM
Next we need a competition to pick out all the hidden words! ;)
Just by glancing, I already have "borders", "luck", "needs", "haha", and "winner" (trying some sort of psycological hidden-text-influences-mind on that last one, eh?)
Just by glancing, I already have "borders", "luck", "needs", "haha", and "winner" (trying some sort of psycological hidden-text-influences-mind on that last one, eh?)
more...
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siva143viji
03-24 10:10 PM
hi guys i need some help i send all my paper works lost friday. Is it true tht if tht paper work reaches them before 1st april they wont consider it. Do i have to send all the information again then. Please let me know it will be of great help
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485Mbe4001
04-19 02:27 PM
Please talk to your congressman and/or Senator and update them of your plight in particular and the EB immigration mess in particular. They are very responsive.
more...
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arunmohan
04-20 01:41 PM
a chicago based firm visa now is handeling my case for immigration issues.i would like to know if anybody rendered their services in the past.please send PM if you don,t want to put on the thread.
thanks
thanks
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hebbar77
11-24 04:18 PM
My feeling was that there are No NEW jobs here in USA especially for immigrants. I felt jobs are slowly being offshored and new job creation was not catching upto that. This matches with unemployment numbers 10%+... Also I feel there are enough people looking for PROJECT while on H1B..
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
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gc_in_30_yrs
02-28 03:25 PM
The easiest solution would be going to MataMoros, Mexico for stamping. This is the best option for us. Easy, affordable, and takes only 1 day. India, you need to answer several questions, interview to be attended, and ofcourse, they treat everybody as though the person requesting for visa is a criminal.
I went to mexico couple of days back, and it was done easily
I went to mexico couple of days back, and it was done easily
fromnaija
06-22 06:45 PM
The short answer is yes. Once you have an approved I-140, you can ask to be accorded the PD on any subsequent I-140.
srh1
08-18 02:14 PM
Thanks abhisam for your reply..
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
