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mirakkel6

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About mirakkel6

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  1. mirakkel6

    Visa stamping in India

    Dear Members, This question is for one of my friends. My friend will go to India for non-immigrant visa stamping. In the past, he was given an RFE against a green card application, which is still unresolved. Will he get into trouble when he goes for stamping? What should he do in order to have a hassle-free experience? Thanks and regards,
  2. mirakkel6

    Strategy for EB-1

    As far as I know, there is no unanimity among the attorneys on this issue. It will be better if you kindly point out the pros and cons for each approach. Please feel free to include any other approach that you might think fit. Thanks and regards,
  3. Dear Members, This question is for the convenience of the future applicants. Suppose you are applying for EB-1. Which one do you think is a better strategy: 1. Go for premium processing. 2. Apply, wait for a while and then upgrade to premium processing. Is there any difference between (1) and (2)? If you select (2), how long should you wait after making the application? I believe there are many experienced members, who can answer the questions with some degree of authority. No guesswork or speculation, please!! Thanks and regards,
  4. Dear Members, In the very near future, I shall face the following situation: I shall go to Kolkata (India) consulate for stamping my O-1 visa, while my GC (EB-1) application is still pending. Will they create any problem since I also applied for a green card? In principle, they should not, since O-1 is a dual intent visa. But I am a bit apprehensive… Would you kindly advise? Thanks and regards,
  5. mirakkel6

    "Automatic Revalidation"

    Dear Members, I have a question regarding "Automatic Revalidation" of my visa. Here are my details: 1. Currently in the USA, on F-1 OPT, valid till June 30, 2012. 2. Another working visa is expected much before June 30. 3. F-1 visa expired on December 25, 2012. 4. Have plans to visit Canada around July 4 (for less than 7 days). 5. I won't apply for a new visa during my visit to Canada. I *think* I am eligible for "Automatic Revalidation" of my new working visa. If that is true, do I have to get a visa when I visit my home country in December? Please let me know... Thanks and regards,
  6. mirakkel6

    Change of employer during cap-gap

    So the question about the interpretation of the 4th criterion still remains open: If someone has an approved H-1B (The I-797C is the only piece of paper that (s)he has before October 1), will (s)he be considered as if (s)he had been previously issued an H1-B visa? Will (s)he be allowed to start working with a new employer before October 1[provided the new employer has already submitted a petition for him/her]? I am sure many of you are familiar with this kind of situation. It will be a great favor if you kindly throw some light on this. Thanks and regards,
  7. mirakkel6

    Change of employer during cap-gap

    Due to some reason or the other, the URL in the previous post was edited. Let me quote the relevant text for your convenience: "Eligibility requirements to qualify for H1B Portability: Because the H1B portability provisions bestow the privilege on the H1B nonimmigrant worker to start working for the new employer before the H1B petition is approved, the requirements to qualify for H1B portability are slightly rigid. To be eligible for the H1B portability provisions the following requirements must be met: 1. Lawful admission into the US: The nonimmigrant worker must have been lawfully admitted into the United States; 2. Non-frivolous petition: The new employer must have filed a non-frivolous petition for employment before the date of expiration of the H-1B nonimmigrant worker's period of authorized stay in the US (a ‘non-frivolous' petition is one that has a reasonable basis in law or fact); 3. Only legitimate employment: The nonimmigrant worker must not have accepted any unauthorized employment subsequent to his or her admission and before the filing of the new H-1B petition. 4. Previously issued H-1B: The nonimmigrant worker must have been previously issued an H-1B visa or otherwise been provided an H-1B status in the US. 5. Current status in the US: The nonimmigrant worker must be in an unexpired status (i.e. current) when the H-1B petition is filed. Only if all of the above requirements are met, can the H1B nonimmigrant worker start working for the new employer as soon as the new petition is filed."
  8. mirakkel6

    Change of employer during cap-gap

    Dear Members, My previous question (on behalf of a friend of mine) was not answered. I did some research on it and have found something, which I would like to share with you. I also would like to have your comments on it. The original questions were: Since my friend is more interested in question (ii), I have tried to find an answer to it. Most probably the answer is YES. Please see the following link for details: http://www.************************ Still I have a doubt. If you see "Eligibility requirements to qualify for H1B Portability" from the above document, you will find that one needs to satisfy five criteria. My doubt is about the 4th criterion, which states that: "Previously issued H-1B: The nonimmigrant worker must have been previously issued an H-1B visa or otherwise been provided an H-1B status in the US." My doubt is as follows: If my friend has an approved H-1B (The I-797C is the only piece of paper that he has before October 1), will he be considered as if he had been previously issued an H1-B visa? Will he be allowed to start working with the new employer before October 1? It will be great if someone kindly clarifies. Thanks and regards,
  9. mirakkel6

    Validity of cap count

    Thanks once again, Pontevecchio. I have found a good reference: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf
  10. mirakkel6

    Validity of cap count

    Thanks a lot, Pontevecchio. It would be great if you can kindly cite some standard reference, which I can quote. I really need the documentation. Best regards,
  11. Dear Members, Another question on behalf of a friend of mine: My friend is in the cap-gap and wants to change the employer. Can he do so (i) Before the H-1B approval? (ii) After the H-1B approval? Also kindly let me know the procedure in detail for both the cases (i) and (ii). Thanks and regards,
  12. mirakkel6

    Validity of cap count

    Dear Members, In the H-1B context, I have read somewhere that "Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt." I believe this is still true. However, I do not have any OFFICIAL reference. It would be great if someone kindly mentions the OFFICIAL source of the above information. Best regards,
  13. mirakkel6

    Validity of cap count

    Thanks a lot, JoeF. Best regards,
  14. mirakkel6

    Validity of cap count

    Dear Members, This time, I am posting a question on behalf of a friend of mine. My friend had got an H1-B approved back in 2007, but never used it. Later he had joined a PhD program, graduated last year and currently he is on OPT STEM extension. He can work for any e-verified employer, but if he wants to work for others, he needs a visa. Now, the H-1B cap was reached on June 11. The question is if some (non-e-verified) employer wants to sponsor an H-1B for my friend, most probably he can still do so, right? I am concluding this since my friend had already been counted against the cap earlier. Would someone of you kindly confirm? Best regards,
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