Saturday, July 2, 2011

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  • PBECVictim
    07-16 03:34 PM
    When did you apply for AP renewal? Did you e-file? Don't worry about RFE on Advance Parole renewal. It could be photo or previous AP approval copy or I-485 receipt missing or incorrect fee. Wait until you get RFE. Please let us know, if it is trivial.

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  • gc_wannabe
    04-25 03:00 PM
    Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.

    1. Will there be any issues?
    2. What am I supposed to say for this question in the visa application website?
    "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)

    The VFS website says the following:

    "The following applicants do NOT qualify for appointments in the visa renewal category:

    Applicants who have a U.S. visa that expired more than 12 months ago.


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  • instantkarma
    01-28 01:59 PM
    I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
    I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.

    My current labor when filed has details in my ETA9089 form as -
    1. SOC - 151051
    2. Job Title - Computer Consultant/Programmer Analyst
    3. Skill Level - II
    4. Wage offered - $76k
    5. Prevailing wage - 60k

    I have a new job offer, from another company whose details are -
    1. Job Title - Managing Consultant
    2. Wage offered - $120k
    This job would require me to play a role of Manager/Supervisor, Architect and also code.

    Im not sure what SOC code the new company would offer me? From the latest SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
    therefore are classified with the workers they supervise."

    So besides similar job duties does it require SOC compatibility for AC21?
    Thanks in advance!

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  • vrkgali
    04-05 11:42 AM
    hey i got 2nd one from the NSC. Is it happening with many people??

    wat r the chances if handled carefully???

    please share your advice nd experiences. thanks a lot

    I got first one for experience letters

    the second one about company credentials
    and third one about abilty to pay 3 weeks back
    my employer answered this week
    crossed fingers and everything and waiting..

    so moral is
    dont worry about no of RFE s..worry about how they are handled..


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  • nath.exists
    12-12 11:48 AM
    Moonlight, I am in a similar situation as you except that the person involved here is my spouse and the country of birth is srilanka and it is india in all her documents...i have done some research and found some interesting points for my scenario.May be we both can share info and help each other. you can mail me at Also you can reply your contact info.

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  • Ann Ruben
    02-01 09:50 PM

    Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.

    As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.


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  • Blog Feeds
    12-18 03:40 PM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada ( because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision ( and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.

    More... (

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  • Ann Ruben
    01-25 11:34 PM
    As Fromnaija correctly explained, if you are an applicant for AOS with an approved EAD you are authorized to remain legally in the US as long as your application is pending. You Whether or not you are working does not matter.


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  • vrkgali
    02-13 11:36 AM
    Pappu, very good article. I saw this in this month's Kiplinger.

    A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!

    these things are like taking a duck to the pond ... for a Desi..

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  • mn1975
    08-19 12:49 PM
    thanks for the reply

    just one question: Do i need liability insurance if i work for a person who has contract with the client?


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  • smuggymba
    10-08 03:00 PM
    I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).

    I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.

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    08-18 10:47 AM
    WHom Should one call? What number.. I do not get any rep to speak to when I call USCIS


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  • Anders �stberg
    February 14th, 2004, 11:06 AM
    Photoshop - the Clone Stamp tool to the rescue...
    ...would you notice the editing if you didn't know about it?

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  • bugsbunny
    03-24 03:29 PM
    i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
    There is a lot of guidance about what constitutes "same or similar"... from USCIS
    There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
    Hope this helps!


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  • Anders �stberg
    May 19th, 2004, 12:49 PM
    What do you think? Is this anything?

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  • aioros
    05-16 08:30 AM
    cool! like the gradients much ;)


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  • cbpds
    04-16 01:42 PM
    It has been posted in IV already

    Good Read

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  • idark
    06-23 07:21 AM
    Yes it's a animal from my mind :) And thanks Maqrkk!

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  • raamskl
    11-25 08:50 PM
    clarify21: If you would like to maintain the H1B status, for the part time job, you will have to ask your part time employer to do the new H1B; by having two H1Bs you can work for two employers the same time.

    Can you do this?, am not so sure that you can have 2 H1B's and work for both. Don't you transfer your h1 to the new employer?

    I am sure clarify can use the EAD for the both full and part time job.

    06-17 08:56 PM
    It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....

    03-02 09:52 AM
    Wow, This is good to know that at POE they can allow to stay more than the visa expiry date. Thanks.

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