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Showing content with the highest reputation since 10/07/2011 in all areas

  1. 1 point
    My F1 visa will expire August 2017 but my OPT is good until October 2018. Can I still apply to the H1B in April 2018 with my valid OPT or do I need to get my F1 visa renewed in order to apply for the H1B?
  2. 1 point
    Hi My visa will expire in August 2017 and yet to file an extension. Can you please tell me is it a good time to change my employer Thanks Swathi
  3. 1 point
    hi.. can u pls tell me how do you know your packet was delivered to NSC?
  4. 1 point
    You can use the existing visa and the latest H1 approval to return. She can use her H4 visa and your latest H1 approval to return.
  5. 1 point
    Hi, I have already got 1 H1B Extn based on my I-140 for 3 years in 2012, which is expiring in March 2015. My company applied for extension in premium processing and I got a I797B approval for 3 years withoout I 94. The I-797B says "The above petition has been approved for the classification requested. It has been determined that the named worker is not eligible for the requested extension of status.you will receive a separate notice explaining the reason for this determination." I have been working for this company for last 5+ years. My GC process is also initiated by the same company. I have never been out of USA since I have come here in 2007 Jan and I have never been out of status. I don't know what could be wrong. My company paralegal is trying to find the reason. In the mean while, kindly let me know if I have to go out of country and then come back again to get the I-94? Under what circumstances someone will land in a situation like this? Thanks and Regards, Dipender
  6. 1 point
    My company filed for an L1A extension for me this month . I got my Petition approved, but the extension was denied. The reason was stated that I was out of the country (US) when my extension is filed. But, I was never out of the country (US). I never travelled anywhere outside the country in last three years. My company immigration dept has raised a service request to review their decision. I will have to wait for two weeks to hear from them. Anybody has any suggestion on how to take up this case. If this is a mistake of USICS will it be corrected? As this is quite straightforward case, will there be any obstacles in clearing the case. What are the implication of this Out of status to me. Will it be treated as out of status as I wait for their decision on the service request. Any suggestion is appreciated. Please respond quickly so I can plan.
  7. 1 point
    Hi, I have completed my 5 years in L1 on June 1st, 2013. Then I came back to India, applied for H1 the same year, got my petition approved followed by H1B visa in Chennai. Now my new H1B petition is valid from October 1st, 2013 to June 15th, 2016 and my H1B visa also holds good till June 2016. Now, will my clock reset (or can I utilize 6yrs on my H1B) if I stay in India (Outside US) till June 1st 2014 (365 days since my last US return)? I am asking this because i heard some people say that the clock resets only if i apply for a fresh H1b petition after completing 365 days outside the US. I am getting mixed views on this issue, please advise. Thanks!!
  8. 1 point
    Hi, Please let me know the chances of EB1 or NIW approval for my husand. He is a Phd in Technology(concentration: polymers and coatings). Below are his details and his research is focused on Environmentally Friendly Vegetable Oil based Chemicals for Coatings and Adhesives. PUBLICATIONS: Peer Reviewed Journals: 4 Research Articles Number Citations : 5 International Magazines: 3 Research Articles Research Conference Proceedings: 5 Research Articles JUDGE: 5 times, he has served as a Judge for the work of others in his research field. EXPERIENCE: Industrial Research: 4 years 6 Months University Research: 6 years 6 months AWARDS: 1) Best Scientist Award (Industry Research work) 2) 3 Industry Awards for University Research: Awards Obtained from Companies like Chrysler, Dupont and Lubrizol 3) Research Conference Awards: 5 VISA STATUS: F1 Visa (Starting OPT from December 22nd 2013)
  9. 1 point
    Hello all Good Folks, I was on F1 visa enrolled in a phd program from Fall 2009.I was in univeristy till Jan 2010 completed all coursework except thesis credit hours Now I have applied change of status H1 TO F1( to complete thesis work which will take at least 1 year )on June 18 2013.I got Receipt Notice (Form I-797) . I am guessing 3 month time from June 18, 2013 .So it will be in 18 Sep ,2013 . On cover letter My COS to be effective from August 8,2013 and I-20 date start date is August 13. Now I am waiting. I have question here.Pl help 1.What is risk the the officer will ignore this letter and deny or approve from an Later date say 18 Sep ,2013.? I already enrolled for Fall 2013 only for my thesis credit hours. So Can I go to Univ in Sep 2013 to study? Well My Univ DSO says "It doesn’t matter when your change of status petition is adjudicated - you won’t need to return to your home country." 2. My employer is not co-operating with me. So I Plan to inform him as soon as approval comes. Then I will wind up in 1 week my h1 job to start F-1 3. I can plan to quit job mid august and join school even if I do not get an approval by the time classes start (Aug end). But In my cases this doesn't make sense since I will enroll thesis credit hrs only with exception as full time student.I do not have to attend any classes. thanks in advance
  10. 1 point
    Indeed. It was a "poison pill" to kill the whole thing.
  11. 1 point
    Well, the "jury of peers" is a myth. From a 1992 NYT article: "The Constitution and the Bill of Rights are full of lofty assurances of justice. But contrary to the prevailing mythology, neither says anything about "a jury of one's peers."" "Justice Antonin Scalia wrote for the Supreme Court in 1990, "The Sixth Amendment requirement of a fair cross-section on the venire is a means of assuring not a representative jury (which the Constitution does not demand), but an impartial one (which it does)."" "Legal scholars say that while a jury of one's peers sounds laudable, it is completely unworkable in practice. How, for instance, could one ever come up with a jury of peers of the serial killer Jeffrey L. Dahmer? To accommodate all possible factors, not just race, but sex, class, religion and others, could be laborious indeed, like selecting a Supreme Court Justice. It could also be unconstitutional. "The people who try the typical unemployed street criminal are not his peers, but neither were the people who tried William Kennedy Smith," said Gerald E. Lynch of Columbia Law School. Nor, he said, should they necessarily be. "There's some importance to the view that 12 people randomly drawn from the community are going to be fair," he said."
  12. 1 point
    With respect to issues of so-called "fairness" in immigration reform (comprehensive or otherwise), there are two very important points that need to be kept in mind when assessing any bill including "The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013". First, as I have posted before, immigration reform needs to be a "tide that floats all boats" (it should not take away from one group to provide benefit to another group). Beyond that the fundamental question needs to be -- would the immigration reform provide you benefit / would you be better off if it passes and becomes law? It is not (and should not be) about whether the immigration reform would provide more benefit to one group versus another group. It is (and should be) about whether the immigration reform would improve things for you compared to the current state. The worst thing is for groups of immigrants to be fighting with each other over immigration reform as there are enough negative forces trying to defeat it. Second, "do not let perfect be the enemy of good". In other words, complaining about immigration reform that is good (such as with respect to my first point) because it is not 'perfect' is a no win proposition. The worst thing would be for positive immigration reform to be defeated because it wasn't perfect.
  13. 1 point
    And that's probably because people like you have been trying to screw over other immigrants, e.g., with the POS HR3012. Work together with others, not against them. Until you learn that, things won't improve for you guys.
  14. 1 point
    Let me qualify my post by saying that the following is no guarantee whatsoever. First, assuming your are over 21, you are considered separate from your parents (and brother) so their U.S. immigration status should not (theoretically) apply. That being said, demonstrating that you do not have immigrant intent is an affirmative action. That is, the presumption is that you have immigrant intent, and you have to demonstrate that you do not through sufficient, on-going ties to your home country. Such evidence typically consists of a residence in your home country you will go back to and bank account(s) and any other financial ties in your home country. It will also help if you can also show that your degree is for a job in your home country, or at least needed for a specific career choice.
  15. 1 point
    If your parents don't live in the US, they may have abandoned their GCs. In general, having relatives in the US shouldn't matter that much, in particular not when going to a top university like Stanford. But you can't hide things.
  16. 1 point
    If a petition to extend L1B status is timely filed, the foreign national generally falls into a period of authorized stay once the I-94 expires. During this time, s/he is technically out of status, but is permitted to remain in the U.S. while the case is being adjudicated (including time spent while the RFE is being reviewed.) If the petition is approved, the person returns to L-1 status. If it is denied, the person falls out of status and begins to accrue unlawful presence from the day after the denial onward. Generally speaking, if an application to change to B status if filed while the person is in a period of authorized stay, USCIS will not approve the case. Further, filing such a case will not protect the person while it is pending. That being said, so long the L-1 worker is complying with the terms and conditions of his status, he may remain in the U.S. while the petition is pending (even if wife's reason for staying is because she wants the child born in the U.S.)
  17. 1 point
    visa stamp is no way related to employer change. visa stamp is an entry document required to enter into US.
  18. 1 point
    Not required to get visa stamped.
  19. 1 point
    Get an educational evaluation. Discuss it with the graduate school officials at the college you intend to attend. Do NOT go to one of the diploma mills.
  20. 1 point
    Based on what you have described, either your friend has another means of extending her H1B (e.g. pending green card application); or, her H1B was approved in error. If it was approved in error, this can cause problems down the road, especially if she attempts to file for permanent residency. However, whatever occurred, I can assure you she did not properly receive a new H1B because she spent 1 year in H4 status. As the other attorney has explained to you, in general, a foreign national who has exhausted h/er 6 year period in H1B must leave the U.S. for 1 year to be able to return to H1B status. You presumably came to the Murthy forum to obtain expert advice. You don't need to 'find a good lawyer;' you've already found an excellent lawyer. A lawyer's job is not to give you the answer you would like to hear, but to tell you what the law is and to help guide you through the process.
  21. 1 point
    Will I get an exemption for the H1B cap 2014? => You are counted exempted only if you have approved H1b. Is it possible to transfer the existing petition to another employer? (Correct me if I'm wrong) => To transfer you should have at least one approved H1b. Will it be good idea to apply for MTR? => Depends on the reason on the denial, ask to your employer/ attorney. What option do i have now? => I hope you are still on legal H4 status. Find a better employer or think about other visa status.
  22. 1 point
    One of the attestations made by the employer filing an H-1B petition is that they will pay the required wage for the H-1B, which is the higher of the actual wage for the position paid by the employer or the prevailing wage in the area of intended employment. Failure to pay the required wage is a violation which could expose the employer to sanctions such as debarment from future LCA and H-1B filings for a period of time and backpay to the individual and can also complicate the employee's maintenance of status and successful visa applications abroad. Employers and employees would benefit seeking the counsel of qualified immigration attorneys to discuss issues related to legal requirements and compliance.
  23. 1 point
    An L1B worker's status may be extended to 7 years only if the employee becomes a manager or executive at least 6 months prior to reaching the 5 year maximum time limit and USCIS approves a change of status to L-1. However, if a petition to change status to H-4 is filed while the individual is still in valid status, he/she will generally remain in a period of authorized stay while the petition is pending, even if the I-94 expires in the meantime.
  24. 1 point
    If he is a passive investor, he can. For example, a person can hold Microsoft stock. That makes the person a MS co-owner. Such person can of course receive dividends from MS. As a passive investor, that's perfectly fine. But here, it looks as if the OP is actively involved in the business. That's not allowed.
  25. 1 point
    I finally got my GC approved . I want to thanks Murthy's lawfirm for this amazing forum that has been a wealth of knowledge for my last 6 years journey, especially during H1B Transfers, Bench period, WH-4 filing (which I am very proud of till date and I did win the case) and my GC filing. Special thanks for JoeF,pontevecchio, Belle and other senior members as well as the Murthy attorneys! I won't leave this forum though :-) Good Day!