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  • go_guy123
    08-16 10:04 PM
    I was wondering if anyone has any info on the job
    market for international students in NY. I will be graduating
    in Dec and will be on the job market soon.

    Some of my friends say that there are jobs to be had but
    not many are keen on sponsoring H1, even non-tarp firms.

    Can anyone confirm/refute this?

    I heard the same from students in MIT, Harvard as well. I graduated in the 2002 tech downturn, so I know it first hand. Companies pretty much have a ban on hiring H1B.

    From the American companies' standpoint H1B has so much headache, most H1B talent is not worth the hassle unless its a critical human resource.

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  • qasleuth
    05-15 11:48 PM
    Can someone shed light on this topic?

    I know Writ of mandamus cases are common for FBI name check delays.

    What about AC 21?

    When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

    What are the costs involved?

    How much time does it take to get a ruling from the court?

    Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."

    The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.

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  • nmdial
    02-26 09:26 AM
    Dear Lawyers,
    I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?

    Thanks and regards,

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  • go_guy123
    12-22 03:20 PM
    Gordon's America COMPETES reauthorized | | The Tennessean (

    The U.S. House of Representatives concurred today with the Senate Amendment to H.R. 5116, America COMPETES Reauthorization Act of 2010 by a bipartisan vote of 228 to 130.

    The bill aims to maintain national economic and scientific leadership by: supporting basic research; improving science, technology, engineering, and math (STEM) education; and fostering innovation, especially the development of new energy technologies.

    Nothing much or anything significant....a broad high level to do science and technology education to be improved...


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  • saurav_4096
    03-26 05:21 PM
    I want to extend the stay for my Parents for few months. They are on visitors visa. I am aware that I need to file form I - 539 for this purpose. I am not sure what reason should I specify for extention?
    If some one had done extention for visitors visa in past please, I would appereciate your help on this.


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  • aranya
    06-01 04:10 PM
    It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.

    Here�s my situation:
    Category: EB2
    PERM approved.
    I 140 approved.
    PD � Dec 2007.
    H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.

    I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.

    1. Will I need a new H1-B? If so, for how many years will I get it?
    2. When I apply for a new PERM, will PD of Dec 2007 still be valid?


    1. You will need a new H1-B with a new LCA appropriate duties and responsibilities, wages etc.

    2. Yes. You can retain the old PD with the I-140. Take care to note that that you are not applying for the PERM but your company will be and your company may or may not find qualified citizens/permanent residents. You do not and should not control the recruitment process.


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  • a_yaja
    05-26 09:50 AM

    My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.

    My question is:
    Will he be able to stay after his visa expiration date?
    In other words, when will his I-94 expire?


    Once your father enters the US, the expiry of the visa does not matter. Your father will be able to stay in the US till the expiry of the I-94.

    The expiry of the I-94 will be determined by the officer at the port of entry. Usually, for parents, it is granted for 6 months, but there is no hard and fast rule and it totally depends on the officer who is stamping the I-94. However, I think for B-1, the max. duration is usually six months (again - not 100% sure about this - it could be longer too).

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  • needhelp!
    09-21 01:17 PM
    Your idea is good. I can participate.


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  • lazycis
    01-26 04:47 PM
    It's simple: marry first, apply for H4, then enjoy your honeymoon. Come to the US and apply for H1.

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  • akred
    05-04 09:46 PM
    Is there any way H1B can qualify as a EB1C?

    Sure. You need to work outside the US for the sponsoring company in a managerial capacity for 1 out of the 3 years prior to filing the I140. So if you are on a H1B and are a manager, you can sign up for an assignment abroad to fulfill that requirement.


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  • gcfriend65
    07-10 08:24 AM
    A Senator from Louisiana who vigorously opposed the CIR along with Jeff Sessions has been exposed to have links with the D.C. Madame.

    Please follow the link:

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  • kirupa
    10-11 04:26 AM
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  • roseball
    07-26 09:00 PM

    I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).

    so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.



    First, your attorney needs to call USCIS and ask if they received your application and get a receipt number. Then, you can file a form I-907 to upgrade it to premium processing. Moreover, you cannot start working for a company until you get a receipt notice, so this could cause issues to you incase you already started working. Have your attorney contact USCIS asap and track where your application packet is.

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  • sircaustic
    07-16 01:14 AM
    My MTR was received by USCIS on June 25, 2009. Today I received an auto-generated email with case status update. My MTR has been denied :-(

    Any advice for the next steps is appreciated.


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  • theshiningsun
    07-31 04:11 AM
    hi attorneys,

    which visa can someone apply for it s/he intends to work as a caterer?

    is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

    thx in advance,

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  • Saralayar
    04-07 04:56 PM
    Sorry folks, dumb question, but what does LUD stand for? A few words of explanation would be appreciated.
    It is Last Updated Date of the file.


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  • jettu77
    05-12 02:34 PM
    I am having my EAD and AP and I am not using my EAD.

    EAD expires Sept 08
    AP expires Oct 08

    My question is

    Can I renew AP only ?
    If, I do not renew EAD will it be a problem in the future ?
    Can I renew it after EAD has expired ?

    Also, If I am renewing AP only, when does the 120 days rule come into picture.
    Is it with the AP date or EAD date.

    Your input will be appreciated.

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  • khyatisdesai
    12-16 05:35 PM
    Hi , What does the lawyer say about this . They surely must have seen such cases before.

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  • markapur
    08-05 12:30 PM
    I am still checking with my attorney. But in my case, Company A is ready to revoke my H1 once i move to Company B. So I am not sure what to do. Can I have your personal email id. Otherwise here is mine please reply to: Thanks

    11-05 10:59 AM

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    On October 30, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our SACRAMENTO, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs 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 this case will be done. This case has been sent to our SACRAMENTO, CA 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.

    01-26 03:46 PM
    My status on I-140 changed to "Request for Additional Evidence". Notice was sent only on 25th, so I don't have any more details yet.

    Just wondering if anybody has any idea what it could be?

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