30 Haziran 2011 Perşembe

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  • harsh
    02-21 01:35 PM
    I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.

    My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.

    Would appreciate if someone knowledgeable would comment.


    Yes you will have to file a new amended petition for the part time work. You might have problem if you first file a concurrent full time H1 as you might be asked how will you work 80hrs a week? So you can file for a H1b "transfer" for the full time work and then file for a concurrent part-time H1b.




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  • insbaby
    08-25 11:09 AM
    H4 is completely depends on your H1, does not matter if it is an extension or new. If you have good to take it with other documents, if not, I don't think thats a problem. As long as you have all your H1 documents ready, she will get it.




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  • LONGGCQUE
    02-04 10:03 AM
    It was something like this -

    - Did anyone assist u in prep this app ? If yes then,
    - Pareparer Surname
    - Preparer given name
    - Organization name
    - St address
    - City
    - State
    - Zip
    - Country
    - Relationship to you




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  • MARY_GC
    07-23 01:45 AM
    Hi,
    I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are

    1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?

    2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?

    3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?

    Gurus, please comment the pros and cons of this.



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  • Blog Feeds
    06-05 01:40 AM
    A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.

    What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.

    In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.

    Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.

    Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)




    More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)




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  • gc_check
    02-12 11:16 PM
    You have to get from your attorney or employer only. There is no other way you can get this. For joining for a new employer, the new job my be same or similar if you are using EAD / AC21 to continue GC processing.



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  • PBECVictim
    07-16 03:34 PM
    When did you apply for AP renewal? Did you e-file? Don't worry about RFE on Advance Parole renewal. It could be photo or previous AP approval copy or I-485 receipt missing or incorrect fee. Wait until you get RFE. Please let us know, if it is trivial.




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  • chrisclick
    04-11 01:54 PM
    This thread makes me physically ill. I shall not read more, lol.



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  • nat23
    12-11 09:48 AM
    I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).

    I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.

    I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?

    I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.

    :(:(:(

    This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.




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  • rohiral
    04-28 08:47 AM
    Hey there

    I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?



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  • skarthy
    11-30 05:43 PM
    Hi anyone else in the same situation ? any other prespective ? would really appreciate that.
    Thanks.




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  • cool_desi_gc
    03-18 06:26 PM
    Thats a good set of documents to be sent. You should be all set.



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  • ashres11
    09-25 11:24 AM
    Fax letter and his office called me and following with USCIS.




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  • rickys_in
    10-04 06:31 PM
    How soon before the passport expiry can we go for the renewal?

    1 year before the expiry



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  • Scythe
    04-20 01:37 PM
    You're welcome!




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  • go2roomshare
    10-01 11:05 PM
    Congress Passes Border Fence Bill

    from: http://www.numbersusa.com/index

    Amnesty/Guestworker Programs Denied Before the Election


    (September 30): Late Friday evening, the Senate passed H.R. 6061, the Secure Fence Act, by a 80-19 vote. The House had previously passed H.R. 6061 by a vote of 283-138-1 on September 14. It will now go to the President for signature. No further immigration-related action is expected in either chamber prior to the election.


    This is a great victory, but much more needs to be accomplished. When Congress begins its post-election session on November 13, the push will begin again to pass additional enforcement measures, such as mandatory workplace employment verification and mandatory federal cooperation with state/local law enforcement, and to prevent amnesty and temporary worker programs from being revived.



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  • milind70
    06-15 09:15 PM
    My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?

    There are two scenarios to this

    Scenario one
    h1 applicant is in US h4 applicant is in US
    In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
    This is because the 1-94 for the H4 applicant must be extended.
    Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.

    Scenario Two.
    h1 applicant is in US while h4 has travelled out just before extension.
    in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
    the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.




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  • pbuckeye
    08-24 07:36 AM
    Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.

    Preferably yes, you should apply before the I-94 expires.

    However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.

    P.S. I am not a lawyer.




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  • GC_1000Watt
    08-08 02:47 AM
    Nothing to worry, you have made no mistake, thats the way it appears

    all the best

    Thanks buddy! So I believe it's just the state of the consulate..right?
    By the way was your case kind of same?




    srn04
    01-19 09:19 AM
    1.) Is it true that nurses do not need to undergo Labor Certification when applying for an immigrant visa because nurses are considered as shortage occupations? How does the labor certification process for nurses vs other professionals/workers differ? Is it the pre-certification and recruiting process (that does have to be completed) under PERM?

    2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?




    mayhemt
    04-28 04:26 PM
    Santa Claus?
    Tooth Fairy?
    Are they next too? (NVM, Santa Claus is undocumented in the first place anyway - crosses border every year, brings in unauthorized livestock and does unauthorized work including breaking and entering homes) :D



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