Wednesday, July 20, 2011

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  • I'm a US Green Card. I am eligible to apply for my citizenship but have run into a technical issue. I registered to vote in August 1999, but never voted. It was my 2nd semester at a community college in Chicago and the professor was encouraging everyone to register to vote. Taking his advice I too registered to vote not knowing that I was ineligible. I did sign the form which states "I hear by swear (or affirm) that I am a citizen of the United States..." Unfortunately I did not read the fine print before signing the application. As it was not my intension to vote, and I merely did it on the request of the professor, I did not vote.
    In 2005 I switched from a F1 to a H1 and in 2006 married a US citizen with whom I have 2 little kids. I am now eligible to apply for my citizenship, and would like your professional opinion on how I should deal with this situation.
    To ensure my voter registration application was in fact processed I did request the �Chicago Board of Elections� for a copy of the application. I am also in the process of requesting them to �de register� or �cancel� my voter registration and provide me with a letter stating my voter registration has been cancelled and that I have never voted.
    I would really appreciate your help.




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  • We are posting the recent list of petitioners who received an approval in FY09 of Form I-129, requesting initial H-1B status for the beneficiary employee. Approximately 3,000 initial H-1B petitions are not accounted for on this list due to missing petitioner tax ID numbers.

    While the full official final list of biggest H1B visa employers for FY2010 for the season has not been released, this preliminary list has been released for the Top employers this past US immigration year.

    An H1B visa is a temporary working visa for professional positions, which allows foreign nationals to live and work in the U.S. for up to six years. This visa is an important tool for any employer to get the highly qualified technical expertise it needs to operate and grow its business.

    If you compare the top 25 employers of US visas in 2009 to the past Top 100 H1B visa employers of FY2009, that many companies like InfoSys, Tata and Satyam have dropped substantially both in the number of US visas for foreigners applied for and their overall rank. In the cases of Tata and Satyam, they are not even on this top list anymore.

    This further shows again both the fallacy of the arguments perpetuated by bigots in the US Congress and the US media about foreign companies (mainly Indian) taking the jobs of US citizens.

    Click for the full list Download file (http://www.visalawyerblog.com/list%20H1B%20employers%202009.pdf)





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  • When checked on the USCIS site it shows the following for a reciept no which was sent by the attorney. The attorney seems to have e-filed a bunch of applications. Does the e-file reciept no sent belong to one person or a group of people filed by the attorny. If it for a group of people, how do you know if a particular persons application is in the bunch that is being recieved.

    Current Status: Case received and pending.

    On July 12, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Is there anyway to know the name of the applicant based on the I-140 reciept?




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  • Hi all, I hope someone can provide me with some advice.
    I made an awful mistake today. I am in the middle of an H1-B transfer (company just signed application and sent to lawyer for sending to uscis this week) and moving to a different city for this job. I am moving this week and will commute to my old job until my notice gets accepted. My issue:
    I had prepared my AR-11 (change of address form) and had it sitting on my desk ready to be mailed once my application was approved (since my application and all documents had my old address from when they started the process). I took the envelope with other mail by mistake today and put it in the mail.
    Will this be an issue with the application? I don't know if they'll deny my transfer because of an address discrepancy or something.
    Please advise.



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  • The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.

    "This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."




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  • 1. Can an H1B be transferred to a new company once the H1B holder is in their 6+ year?

    2. Can one port their EB3 case to EB2 with a new employer?

    After reading around in forums, the answer for question 2 seems to be Yes and with some successful examples.

    What is still not clear is questions one.

    Any help please?
    Thank you



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  • My H1b visa has been extended for another 3yrs and my current stamped visa expires sept 2010. I work for a typical consulting company with a client at end and a vendor in the middle. I've a clean record and have been paid always for last 3yrs, without a single month gap.

    I'm visiting India in June for marriage so I wanted to go for the stamping as well. I've a situation where I'm looking for a second opinion.

    What would you do if you were in my situation:

    1. Go for visa stamping alone immediately after landing in India before marriage. Marriage is about 8-9 days after I land there. And, my spouse can go for H4 visa alone after marriage once marriage certificate is ready.

    2. Go for visa stamping after marriage with spouse as well. But I'll have only 7-8 business days based on the latest dates available after marriage.

    3. Don't go for stamping as I can return with a valid visa and I-797. My spouse can go alone after.

    I'm tending towards #2 just because if I do get stuck for some reason, I doubt they will process my application within 2-3 weeks without needing to alter the travel plan when I go with #1. So, either #1 or #2, if I've a situation in stamping then I doubt anything will get settled just in 2-3 weeks.

    I want to go with my wife just because I'll have one less work to get done and we can plan her transition from existing job.

    What will you do given same situation? Any risk that you see?

    I appreciate the thought. Please feel free to ask more information if appropriate for clarification of the situation.




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  • gc28262
    07-01 05:13 PM
    H1 extension can be applied upto 6 months before the expiry of current H1.

    If you haven't completed 6 years on H1, you can always extend it as usual.

    If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.

    1. Labor/Perm was applied at least 1 year back
    In this case, your H1 will be extended another year

    2. I-140 is approved.
    In this case, your H1B will be extended 3 years.

    More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)

    BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
    Hope this helps.




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