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  • RFE is requesting information about Section 212 of Immigration and Nationality Act. How big of a trouble am I in?

    That depends on whether you were subject to a 2-year home residence requirement because of being in J-1 status. If you were subject to this requirement, and didn't fulfill it or get a waiver, you need to do one or the other before you get permanent residence approved.





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  • VIA Department of State (http://www.state.gov/r/pa/prs/ps/2011/05/164025.htm)


    Media NoteOffice of the Spokesman

    Washington, DC

    May 20, 2011



    [Also available in Persian (http://iipdigital.usembassy.gov/st/persian/texttrans/2011/05/20110520163510x0.3954693.html)]

    As of May 20, 2011, qualified Iranian applicants for visas in the F, J, and M categories for non-sensitive, non-technical fields of study and research and their dependents will be eligible to receive two-year, multiple-entry visas. This is an increase in the current visa validity of three months, single entry.

    This change will allow Iranian students and exchange visitors to travel more easily, furthering our goal of promoting the free flow of information and ideas. This important decision is being taken as the global community witnesses the Iranian Government�s increasing censorship and isolation of its own people.

    Iranians currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas. Keep in mind that the validity of a visa refers to the time period the visa holder has to enter the U.S. It has no bearing on the length of stay permitted by U.S. Customs and Border Protection officials at the port of entry. Iranian students and exchange visitors in good standing in the United States do not need to apply for a new visa until after they depart the United States.






    PRN: 2011/807


    More... (http://ashwinsharma.com/2011/06/01/changes-to-visa-validity-for-iranian-student-applicants-in-f-j-and-m-visa-categories.aspx?ref=rss)





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  • ...US GC or citizenship allows you visa waiver for visits to other countries but you need a work permit to work in another country.





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  • Thanks for everything you guys do to solve the EB related issues.





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  • Hi,

    My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.

    What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?

    Thanks.





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  • I applied in Dec 2009 and got approved in May 2010.





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  • I did not have my I-140 notice, so I emailed my attorney and he replied with a copy of the I-140 which had the priority date.





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  • Hi All,

    I got my EAD in Oct. I-140 is approved and I-485 is pending in EB2. My wife has got SSN on her EAD, my daughter is still on H4.

    I am working on H1B with the same employer who processed my H1. Now, I got a new Job and I still have 3+ years years left in 6 years duration of H1 period.

    My question is:

    1. Can I transfer my H1 to new employer, without affecting my GC process ? I have good relation with my employer and they can hire me back if I want any time later.

    2. As 180 days have passed, I can work on EAD also with new employer. Which is better option - working on H1 with 3+ years remaining in H1 or working on EAD ? Money is not an issue here as my new employer will take care of that.

    3. My daughter is still on H4 but my wife has used her EAD. Once I transfer H1 to new company, what things should I care of, like:
    (a) I have to transfer H4 for my daughter also ?
    (b) What about H4 of my wife ? - She has valid H4 stamped on passport and took SSN also based upon EAD.

    Thanks
    dc





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  • Hello Experts,

    Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
    I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.

    I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.

    After doing research, I am thinking of the following strategy.

    I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).

    Do you think if this is a viable solution? Any suggestion is welcome.





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  • hello all..
    im currently living in NJ and my i-140 was approved.. since im on EB3 and my priority date is on 4/2008 i still have some time to wait in order for a visa to be eligible to me..

    my main concern is : i would like to know if its possible for me to obtain a driver license with the approval notice i received from USCIS (i -797c Notice of action).. does my employer will need to fill out any forms for for that to happen ?? if so, what kind of forms :(

    any help is appreciated..
    Marcus
    Please complete your profile, so that those responding are able to understand your situation better.

    I assume that your I-485 is not yet filed. If it is true, you must be having a H1-B or other work visa to maintain your work status. If yes, those are the documents you will need to get Drivers License extensions.

    To my knowledge, approved I-140 is not an immigration status that can enable you to get a Drivers License extended on its own.





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  • Does any one know how a company from a foreign country(India) can open a bank account in USA.

    There is a possibility to register as a company in US and then apply for business account. But being still on H1 dont feel comfortable to register a company in US.

    Are there any other ways a company in foreign country can open an account in USA to do the business at least to get the payments from the US customers.

    Are there any suggestions to specific banks like wells fargo or so that would help in the process?

    How about credit unions like DCU? Do they offer such provisions?

    Any thoughts on this would be greatly appreciated..





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  • Here are steps to call USCIS

    Call 1-800-375-5283
    Press 1
    Press 2
    Press 2
    Press 6
    Press 1
    Now enter your receipt number
    press 1 (now listen to the case update info)
    press 3
    press 4





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  • If the form specifically asks for wage/week then I believe the correct response should be in that unit. I think your lawyer is wrong here to put your annual income there. But what do I know.....I am not an attorney.

    This item deals with "Wage per week " in this field after i checked out my application lawyer gave the whole years income instead of weeks income. as i enquired he said even though "/year" is ideal to mention immigration officers know that this amount is same as that of Labor and thats not an issue . any comments please?





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  • Please use "Ask a lawyer for Free" link to get response from lawyer. More than 60% users of this site does not have GC and they can not advice because they never get chance to marry US citizen...Thanks.





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  • This is simple posturing and nothing more. Hispanic caucus CANNOT bring down healtcare reform. They have as much invested in the healthcare bill as anybody else in the Congress. They way I see it, this equates to a sucide threat if my friend won't shot at the enemy. All this to make a show to the hispanic population that hispanic caucus is doing something to push for the immigration bill. Nothing more. I would not weigh-in too much on this news item because its not for my consumption. This news is for the consumption of hispanic voters only.





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  • You would require copy of the approval notice of 140 from the old company.

    In the new company, you would need to file a new labor via PERM. Once it is approved, you would need to file a new 140 and use the copy of the old approved 140 to port your priority date.





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  • This is a good one! please digg this one for archive.





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  • Hi,
    I need suggestion on travel.

    I have applied AP for my wife on April 16 and still waiting. We have expiated her AP last week, still no updates. She has an emergency travel on June 20th. Her previous AP is valid till June 24th.

    Can she travel out side on June 20th and come back with new AP when approved (I can mail her the new one once approved) or dose she needs to be in US until the new AP is approved?

    As the old AP is valid till June 24th, dost it mean that they will approve the new one only after June 24th?

    As this is an emergency I need your suggestion please...

    Thanks,





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    Hi,

    I have a PERM approval in EB2 with PD Sept 2005, and I140 approval few days back. I will be entering my sixth year in H1 shortly, wanted an advice whether to go for 3 year extension or 1 year extension, are there any demerits of 3 year extension with respect to H1 transfer in case of layoff, etc?





    Hello All,

    I need your advice. My H1B for first 3 years is expiring in Sep 09. I am a consultant and my project is till June 09. So I will be on bench after that till I get a new project. So if I have to file for extension should i file it now when I am in project or should i wait.
    When I asked my employer about filing extension, they told that they are getting lot of queries these days. They even told be if my project is getting over early then its difficult to get an approved extension as these days they even have to send the contract letter of clients which do states that when my project is going to end.
    So i need to know what are my options.
    When Should I file for extension and is there any other options.

    Thanks in advance!!



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