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  • Blog Feeds
    06-13 05:40 PM
    Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.

    It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.

    The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.

    USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.

    More... (

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  • tnite
    09-25 10:50 AM
    I am not sure if this discussion may be opened by someone already. I could'nt find it and hence I am opening a new one.

    I know its not required to have SSN for starting the job from 10/01/2007. I am eager to know if we can apply for SSN before this date or do we need to wait until Oct 1st. Thanks

    You have to wait until Oct 1st.When SSA checks against USCIS database to check your status, they will know that the Change of status occurs on Oct 1st .
    In my wife's case we had to go almost everyday during the first week of October as they couldnt validate the H1 status and then finally they did on the 6th day.
    FYI she changed from F2-H1

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  • kingpin60
    07-16 04:08 PM
    Hi everyone,

    Here is my situation and I need URGENT help.

    I am currently on L1-A for past 7 years (Visa expires Nov 07). During this span my company's attorney has unsuccessfully filed my I140 (twice was rejected at NSC and later TSC - due to 3 year degree and also my job description prior to transfer to US did not showed I have managerial/management function of a department). He refiled again this time with proper documentation and additional support letters from senior exec from my company.

    I suspect he has been making mistakes in my filing and my time is running out. I am thinking of using my own money and hire another lawyer to file a fresh I140/485. Is this possible since I have already 2 pending I140; one at NSC under EB-1C and another at TSC under EB-3?

    Please reply urgently if anyone has the answer to my question as I am running out of time.

    Thanks in advance.

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  • h1b_forever
    03-03 12:04 PM
    Is it possible to provide some kind of link to this forum from homepage

    We have created a new area on the forum to help IV members.
    Jobs and networking - Immigration Voice (

    It may not be visible on the homepage thread. This would be a separate area where members can share information.


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  • arc
    10-08 03:20 PM
    I have a valid H4 after receving the EAD now getting paid on 1099 (on an off), I am planning to visit India this year. My question is!

    Can I come back on H4 (I have a valid stamp) or do I have to use my AP since I am using my EAD privileges for getting paid?

    Will they know at the Point of Entry that I am using my EAD?

    Many thanks for viewing and answering!

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  • chanduv23
    06-04 01:33 PM
    Please close this thread - no use


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  • venangara
    10-01 09:43 PM
    You need to have PT license to work. Every state has different rules, there is lot of paper work involved to sit for license exam. For Indians, mostly it was easy for Michigan, New york. For present scenario better check, very good info avaliable

    Once you pass license it is easy to get job and H1, presently physical therapy is recession proof. well paid over 60-75000 for new grads.

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  • chanduv23
    02-07 12:23 PM
    We have only one life and we must do whatever it takes to help ourselves in the right direction.

    IV is taking up all these wonderful efforts and we must all help to make this campaign a huge success.

    The success of the campaign lies in our hands and we HAVE to make it a success.

    This campaign does not involve physical participation or monetary contribution, just 10 min of your time and some stationary.

    Please , please concentrate on this campaign for the next couple of weeks and make it a huge success.

    Please support IV to help yourself


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  • Ann Ruben
    03-11 10:29 AM

    You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.

    Hope this helps,


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  • bkarnik
    10-26 09:56 AM
    No... as long as you can show ties to the US (owning a house, paid taxes, etc) you should be OK. In a situation where a company has sent you overseas, if you have adequate documentation to prove that the company had sent you overseas and you are still on the payroll here, you should be OK. Although, to be safe, I would probably try to make a couple of trips back to the US in a year to maintain resident status.


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  • vaayu
    07-27 04:02 PM
    It was a nightmare for few weeks but, long story short...I got my new passport after the Embassy cannot find my original I sent for renewal. Please let me know if I need to get it stamped within any timeframe. My current I-797 expires MAY 2010. I have an approved 140 and EAD but my attourney suggested to stay on H1B.

    Appreciate your feedback and help in this matter.

    Thank you for your time and consideration.

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  • coolpal
    03-30 12:35 PM
    You are good till the end of your original H1 regardless of the outcome of the extension... the catch is, you have to maintain H1 status.. meaning get paid, no benching etc.,

    pal :)


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  • willigetagc
    07-25 02:10 PM
    Please let me know. My lawyer has taken my personal checks and sent them to USCIS...

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  • ssksubash
    02-16 06:19 PM

    I am in my 7th yr extension of H1B, last time I got the stamping in Ottawa in 2005. I cam e into US on F1 and never got H1B stamping in India. Am I eligible for H1B stamping in Canada for my 8th year or should I go to India to get the stamping done.

    Any information is greatly appreciated.



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  • ajithkumar
    05-05 01:23 AM

    i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company h1b extension sucessfully from 09-2009 to 08/2012...

    both the companies A and B are operated by same person..

    I went for H1B stamping in november 2009 at Canada the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
    The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..

    My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
    after 3 months the new delhi consulate sends me a visa denial letter
    stating that

    we are not able to issue you a visa because:
    your petitioner doesnot either be able to provide qualified employment in USA
    I129 petition filed on your behlaf has been submitted to USCIS...

    My original I797 was returned to me at the time of interview

    my question:

    Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???


    Please let me know

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  • nashim
    02-03 07:57 AM
    One lost his job and opted for subsidized COBRA. After one month he got job from small company. New employer does not pay for health insurance and insurance premium is more than subsidized COBRA premium.

    In this case, Is it ok to continue using subsidized COBRA even after getting new job?



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  • waitin_toolong
    09-17 12:39 AM
    Best to do infopass and clarify

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  • rajeev70
    06-10 01:12 AM
    We had applied for an extension of my in-laws visa, and it got rejected. Is there any way we can appeal this decision?
    Also, they are here a day past their I-94 expiration. Will their multiple entry visas be cancelled? They will leave within 30 days time past their I-94 expiration.
    Many thanks

    09-11 02:26 PM

    Just curious to know whether anybody received the physical card with out a CPO email or status. Did anybody with just "Welcome" email and status receive cards yet?

    Just checking whether NO CPO status/ email = no card.

    I received the "Welcome" email, status and the physical letter on Tuesday but no card yet. Any body in the same boat? (I understand that it takes about 1-3 weeks but many have received cards with in a week)

    The reason I am asking is my I9 expires month end and HR is on my back for the updated doc. They would rather see a card than a letter which has no expiration date :)

    Stop worrying the CPO email is not essential. I am living proof. Never received that particular email but did get welcome notice and green cards. Be careful opening your mail. The cards come in a VERY generic white window envelope and could easily be discarded as junk mail so open every envelope you get for now.

    04-22 12:15 PM
    Dear all:

    May I ask what I should do in the following situation?

    I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.

    That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.

    I am under tremendous pressure and really want to hear your opinions.

    Many thanks in advance!

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