Sunday, July 3, 2011

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  • panky72
    07-20 10:33 PM
    Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
    Or it is a rule that we need to go only to local county health dept.


    PCP should be ok. Make sure you get a letter from your PCP after the completion of treatment.

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  • IndianBoy
    11-25 11:05 AM
    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this�????

    Thanks in advance...

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  • Prashanthi
    08-27 02:04 PM
    Dear Attorney,

    Is there any minimum length of time to be on H4 before applying to H1.


    No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.

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  • kumar100.gundra
    05-12 03:53 PM
    I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.

    After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?



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  • STAmisha
    08-27 06:17 PM
    I had paid consulatation with their office and the attorney told me that

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  • caydee
    06-19 08:15 AM
    How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?


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  • sanjose16
    02-26 01:27 PM
    What is the expiration date for her current H-4 I-94?

    Jun 10 2009

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  • Blog Feeds
    06-24 01:20 PM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:

    Although I am not going anywhere, as summer rolls along, visions of distant lands dance in my head. However, that vision is marred by long lines at the airports--- getting your luggage checked, getting into a plane with carry on bags and no overhead place, and finally the immigration and customs line ups.

    This year, for a fee, the Government and even some airlines are helping to ease that pain.

    The US Government, (and some foreign Government as well like Holland) has introduced the Global Entry Program. US Citizens over the age of 14 can pay a fee of $100/- (valid for 5 years) and enroll in the program. They have to enter their data in the following web site: (

    After the completion of the process, there will be a one time only CBP interview.

    However, once its complete, you do not need to stand in any immigration line. There are kiosks in most major airports. The traveler has to scan in their passport at airport kisoks, and zoom down to luggage claim.

    Similarly, in Houston IAH, international travelers who are US Citizens and has no checked luggage, can go through the lines used by pilots and air hostesses for faster processing.

    This process can be used by anyone, but because of the lengthy process to get into the program, its probably feasible for frequent business travelers only. The travelers also get expedited check in in kiosks of other participating countries as well. As more countries sign on, the price may come down. Or this may simply become a requirement for foreign travel in the future. It will save money on personnel for countries participating in this program.

    Additionally, some airlines are also letting passengers cut in line for boarding the plane or for checking in for a fee. Both American and South West is going to be offering this perk for a fee ranging from $10/- to $50/- per ticket.

    This will be the future of travel, in a world increasingly short for time. But then, in this world, will there even be time for vacations?

    For more information contact Houston Immigration Lawyer ( or Houston Immigration Attorney (, Annie Banerjee com

    More... (


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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.

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  • illusions
    03-17 04:17 PM
    Restarting wouldn't be a bad idea in my case as i'm EB3 ROW and i do have an approved I140 on EB3.

    But in my case i have over 4 years of work experience, but do not have a masters degree, so any idea if that is possible ?

    My gut feeling is that regardless if i'm not able to qualify for EB2, my PD JUN 2006 will get current in a couple of months - just hopefull :rolleyes:


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  • FredG
    April 3rd, 2005, 06:52 AM
    #1. I find the motion in 2 more distracting than helpful.

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  • nshabana
    10-02 04:25 PM
    Good luck


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  • ujjvalkoul
    10-04 12:18 PM
    It will be better for u to renew ur H1 while here is US....and before ur current H1 expires...unless u want to go to india for some specific reason for 6 months..

    Get it renewed via preium processing..should be done in 15-20 days...then book apptt for VISA in India and go get it stamped.

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  • a_yaja
    03-09 08:04 PM
    I see. And did you attached any documents with that statement?

    Nothing other than the supporting docs:
    1. expired I-94 from passport
    2. 2 photos (with A# written in pencil on the back)
    3. copy of I-485 receipt
    4. sheet with answer to part 7 (including name and a# in header)
    5. check made out to "Department of Homeland Security"


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  • krishna.ahd
    03-13 03:38 PM
    here are the visa numbers used in 2006 for EB2 and EB3.

    EB-2: India(3,720), China(3,347), Canada(1,248)

    EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)

    Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
    If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .

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  • abcka111
    05-13 06:02 PM
    My husband got a new job now. But the new company is taking a lot of time to send him an offer. The whole process of initiating LCA and H1B transfer will take a lot of time I guess. He has asked the new company to expedite, but they said thats the fastest they can go.
    He has a couple of weeks in his current company. I am afraid that the H1B transfer might get filed only after his last day in the current company. Since he has already found a job, will the USCIS be considerate to understand that even though he has found another job, of no fault of his, he will be out of status?

    What is the penalty for being out of status for few days?


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  • indianabacklog
    02-13 03:11 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?

    E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.

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  • ruchigup
    08-15 01:34 PM

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  • subba
    05-01 07:59 AM
    Illegal immigrants rallying today. Hopefully this will be a positive push for CIR (as opposed to the perceived negative it was last year).

    03-30 09:02 PM
    You must have filed 2 G28s ( 1for you and 1 for spouse) with the 485. With that logic, when you change attorney, separate G28s are needed to be filed for you and spouse.

    Student with no hopes
    11-02 09:06 AM
    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration lawfirm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..

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