Thursday, June 30, 2011

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  • Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools ( .

    The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

    Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. At the interview, the student must have Form I-20, proof of payment of Form I-901, financial support documentation, and a completed visa application. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

    Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

    If you need assistance or an explanation of the SEVP/SEVIS (, please contact our office ( to schedule a consultation.

    More... (

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  • Blog Feeds
    04-28 01:30 AM
    Hotel News Now, a leading Global Hospitality publication, ran a two-part series about staffing challenges facing the U.S. hotel industry. I was honored to be interviewed by the publication and share my insights on the problems facing hospitality employer in these challenging times.

    With the level of unemployment about 8.5 percent, why do hotels still need foreign workers? There are various reasons, from location to the attitudes of American workers. And changes in schedules and lifestyle have affected one of the former staples of summer work�students.

    The situation is bad for staffing professionals in the industry, said Jacob Sapochnick, a San Diego, California-based lawyer whose practice is devoted to immigration law. �Even though they can hire local people, they can never rely on them for the full term,� he said. �If you have a large hotel, need 50 housekeepers and hire locally, the turnover is very high. They find a better job or one that pays more. When you have H-2B workers, they know they have them for 10 months. Their visa depends on them working at that hotel.�

    The more turnover, the less likely the hotel will function properly, Sapochnick said.

    Read the entire article here... (

    The second article in the series titled, Changes make H-2B visa program more challenging for hotels, click to read here (

    More... (

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  • AllVNeedGcPc
    05-12 10:59 AM
    Your PD is already current now:
    Visa Bulletin For June 2011 (

    Hi all

    My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.

    Now, I need to do Interfiling to link my pending I-485 to my new I-140.

    (1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?

    (2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?

    (3) Can I send my Interfiling request to USCIS even before my PD becomes current?


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  • gcwait2007
    06-23 11:33 PM
    Here is the USCIS official URL page/ press release:


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  • TomPlate
    01-03 04:09 PM
    No. They met during the lunch time i guess

    Refugee_New refugee = new Refugee_New(noGreencard);
    //The validate function,
    // validates and rejects green card for Refugee_New

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  • Sheetal_MA
    12-03 11:20 AM
    My cousin is getting married to a US citizen in February 2009. I want to get information about K3 visa for spouse of US citizen. My questions are:

    1. I have heard that it takes long time to get K3 visa, is that true?

    Yes it is true that the K3 visa may take a year and the spouse must remain in the home country during that time.

    2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?

    She can try for K1 visa but it must be filed now and she must come to the US before marriage. The K1 visa processing can take a few months so your cousin may be running out of time.

    3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?

    The K3 is the greencard process and it can only be filed after the marriage has occurred.

    Thank you all in advance for your help!!!!


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  • jeffsmith
    03-24 12:48 AM
    Yes you can do this...just call the embassy....Indian ambassy is pretty help on this...

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  • thomachan72
    03-04 07:58 AM
    Define your Taste, smell, touch of a Green card?

    I thought most would reply "dark, round and very sour" like the sour grapes :D:D


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  • AreWeThereYet
    08-09 04:32 PM
    From what I know, it is not mandatory to file AC-21 but if you think your previous employer who filed for your I-140 can create problems for you, it's safe to file AC-21. Although, your previous employer can not withdraw your I-140 by law, some employees attempt to withdraw/cancel I-140. Sometimes, USCIS behaves in an un-expected manner and they might issues a NOID on your 485. If that happens, you will have to appoint an attorney who fights for you to repeal USCIS decision. You will win in the end, but you will go through some unwanted stress and will loose some money to the attorneys. In such cases, if you have filed for AC-21, it acts as another strong point to your fight against a erroneous decision from UCSIS.

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  • Bodran
    08-11 01:00 PM
    my attorney asked me to sign

    Are you 16 or under? Were you applying with your parents?


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  • keiryu
    10-08 01:57 PM
    have your friend look or ask for where the nearest USCIS office is with a deferred inspection office. they can fix it there.

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  • WaitingUnlimited
    11-01 01:00 AM
    You will have 10 days from day of the denial to leave the country unless you file for Motion to Reopen (MTR).

    Did you try filing another H1b through another employer after the RFE?
    If that is the case and if you have the LIN number then you may be able to continue working with your current client (if new employer and client etc are ok with it).

    If you have all the documents to go for MTR then you can go for it. I am not an attorney but this is per my knowledge.

    Good Luck :o


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  • gcisadawg
    03-23 12:04 AM
    hi gurus,

    please advise what are my options. I-140 is pending and i have 9th year H1-B expiring Dec 2009. still working for same company. in case I-140 stays pending up to December 2009. what should i do to stay in status.

    thanks in advance.

    My 9th year H1B will expire in two days. My I-140 is still pending with TSC. I've sent my papers for H1B renewal. Hoping to get an extension till March 2010.
    Hang on...I-140 approval is the key for 3 year H1B extension and 2 year EAD extension.

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  • hetuweb
    02-04 08:08 PM
    My i485 was filed in july �07 and I got my AP in oct. �07, which is valid up to oct. �08
    I want to go to India for 9 months, can I stay for that much period?
    I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
    Is this work? Any questions at POE about the long stay outside USA?
    Any adverse effect on GC process? Pl. help.


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  • krishna_brc
    07-30 04:37 PM
    My PD is Feb 2008 and my I-140 has been approved the same year. I am on my H-1b 3 yr extension.
    If I were to change my job now, will I lose my PD or can the new company refile my new I-140?

    Read somewhere in forums that one can retain PD as long as pervious employer does not withdraw the approved I-140.
    Also I-140 is based of future job.... so no worries as long as you work based of your H1.


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  • days_go_by
    09-12 07:34 PM
    I think she is ok, getting an H1-B approval doesn't mean that you have to start immediately. for e.g, many of the Indian tech companies get an H1-B at the start of the year and when they have a need for that person in US, send him/her over.
    Only after her first payroll would she be considered on H1-B.
    These opinions are as per my understanding, please correct me if I am wrong.


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    12-15 02:47 PM
    If she is currently on F-1 and if she wants to maintain F-1 when she comes back she will need to go to the embassy and get her F-1 visa. If she enters U.S on old unexpired H4-Visa her F-1 visa becomes invalidated and she won't qualify for OPT/CPT etc.

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  • baburob2
    01-27 10:28 AM
    This author Angela Junck seems to be a good media support. Please look at her article below:

    On the other side of the debate are immigrants who are clamoring for a genuine legalization program that integrates newcomers into civic life; in short, granting newcomers immediate access to green cards. It's the simplest, fairest and most humane way of integrating immigrants. 0f8edbec6c2

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  • kirupa
    03-27 12:44 AM
    Added your first one Junaidi :)

    Please create a second thread for your second entry so that I can link directly to it!

    07-25 04:26 PM



    Sorry if this is a repost.

    USCIS is all about balancing work...they are being forced to accept butt-load of AOS application, and they shift the balance this way....

    Also they will take months or even years to send back receipts EADs etc...wait n watch....we made them swallow the tought pill, and they will make the same pill stuck in our throat for eternity now.....

    01-29 11:13 AM
    hi kumar,

    Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.



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