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Qe Rkitake tsearcho Szh sasearchk Blog d Szh searchh Szh r Szh Blog isearch searcho Szh 2011 ra Portraits u 2011 tsearch fo Smartvehiclefinance ?searchCnI Rkitake s Pendants esearchywww.552mm.comu Portraits Szh esearchrsearchesearchc Rkitake rsearchisearchiae Szh Pendants a 2011 Blog searchesearch searchhe Rkitake lsearcht Health er 2011 fsearcho Rkitake Rkitake or Szh e Pendants psearchoer? Pendants ( Pendants ve Portraits Szh e Rkitake oe 2011 Isearchto Rkitake ksearchm Smartvehiclefinance searchesearchre Smartvehiclefinance er Smartvehiclefinance isearchi Health a Rkitake esearcho Portraits tsearch. Rkitake A Rkitake l Pendants eryyy%2E252%2Ecom+%CA%D3%C6%B5 searchr Portraits sh Health da Szh isearche Portraits vwww.159ee.connwihsearchu search Smartvehiclefinance oosearch. Rkitake Yo 2011 searchikk4444kkl Portraits b 2011 ol Smartvehiclefinance o c1ll Szh csearch Health ouwww.222ca.com v 2011 s Health searcht Blog Psearch (f y Blog u Health ahttp%3A%2F%2F999090.infoe Blog p1ro0e). Thesearche i Pendants Rkitake o Portraits n Pendants ed to get in line early at 3PM as the order does not matter. Got together with a bunch of guys and took a cab to the border. Got a new I94 and was back home in time to celebrate. Tips: ------ I would strongly recommend checking the weather in El Paso and equipping accordingly. It rained cats and dogs on the day I went (even though it was summer!). Luckily the towels from La Playa came handy.

Checking into La Playa is cool for the following reasons:

- It is inexpensive (US$26.00). - Can see the line forming in front of the consulate from the room. - If traveling with companion, can swap standing in line. - Can rest (or watch Spanish TV) after submitting documents

- A good refuge if told to come back the next day to get the visa (due to the computers going down or your passport being misplaced :-).

- Could use the towels in case of rain (-;

- Could use the restroom in case the Mexican dinner didn't agree with your system.

The only disadvantage I see is that people tend to get adventurous and go out to check the night clubs around the area. I gather it is very embarrassing and risky if one gets caught (in case of a raid) without the right visa/documents.

Make absolutely sure that everything is spelt right on your visa. Look for the M (Multiple) in the Entry area. One guy was issued a single- entry visa and he realized it only after it was canceled upon his entry into the US at the border. He had to go through' the whole process again(?) Book a flight leaving El Paso after 5:30PM so you have ample time to get a new I94 and rush back to the airport. Cameras and firearms are not allowed inside the consulate. It is a good idea to leave them in your hotel room. It is an even better idea to leave them home as there is nothing worthwhile to shoot around the consulate (pun intended).

It is also recommended to present oneself in formal wear (No, not in a suit). Nobody sane would issue a visa to a person in tattered jeans and tank top carrying a letter stating he's a globe-trotting businessman. Last but not the least, make sure your attorney is not on vacation on the day of your trial.

Good luck and have a fun trip. shashi (shashi@silma.com)

Now some serious stuff. --------------------------- Documents I had on me: Absolutely necessary docs----without these, don't even dream of stepping out of the country. -------------------------------- Legend: * --> Documents asked during my interview. --------------------------------

- *I-797 (approval notice) in original. *DO NOT FORGET TO TAKE THE I94 ATTACHED TO IT* (The whole doc. is a letter of approval and an I94 in the bottom of the letter. Contact your lawyer in case you do not find the I94/bottom portion of letter).

- *Valid Passport - I-129 copy (Attorney certified)

- LCA copy also known as ETA9035 (Attorney certified)

- *Visa Photo ( 37mm * 37 mm)

- *Employment verification letter (from HR) saying what you do, how much you make and how imp. you are to the co., etc.

- Letter from boss requesting the consulate to grant you *MULTIPLE-ENTRY* visa for future international travel

- *Degree certificates (original preferred)

- I-20s - Old I94

- VISA fees US$120.00 --------Supporting docs---these help if you have problems.

- SSN card, drivers license

- Latest bank statement

- Latest telephone bill (to show India connection)

- Trans cripts (to prove you did take ballroom-I ;-)

- Tax forms/W-2 copy (to say you have been a responsible person) - Pay stubs and company ID (like badge and B card)

- Company literature

------------------------- Useful phone numbers: --------------------------

Your company HR, your attorney

Cab driver Victor/Marco Garcia's number 915-588-4736 915-680-2941

Hotel La Playa, Juarez, Mexico. (Try a couple of times. Don't give up if you get Ms.Dontspeakenglish on line) (16) 13-71-87 (16) 13-71-88

US Consulate (To verify if they are open on the day of your visit. Try early hours) (16) 13-40-48 (16) 13-40-50 (16) 16-80-80

Q136 Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico or Canada?

A136 You cannot enter the US on an I-94. You must have a valid visa.

Q137 I am current working for IBM on my Practical Training under my F-1 visa. The Practical Training expires in October. I have applied for my H-1 visa. I need to go back to India urgently for a short visit, however my lawyer says that I cannot go out of the US, once my H-1 processing has started. Is this true?

A137 I am not certain why your lawyer said that, but it is NOT TRUE. While many applications are considered abandoned if you leave the country during their pendency, that is not true of H-1. The reason: H-1 is NOT YOUR application/petition.

It is your employer's petition. You can leave U.S. and upon obtaining approval of H-1, go to the U.S. consulate closest to your residence in India, take your approval notice and apply for an H-1 visa. Now, BCIS (INS) does not like it. I think there is a even a regulation that says you must inform BCIS (INS) about the visit. In my humble opinion, there is nothing stopping you.

Q138 Documents for H4 have been sent. If I change jobs should I resend a fresh proof of employment from my new employer?

A138 In case of a new H1-B notification, it's better to submit the new H1-B notification and letter from new employer also as proof; there have been instances where the consulate has called the employer to verify claim of employment. In general, if the job switch over can wait, wait till the visa is issued .

Q139 It is widely understood that a job ad is required for Labor Certification. Some one told me that a job ad is also required for Labor Condition Application but some others told me that it is not necessary. What is the truth? If LCA required a job ad, why is the job ad required one more time later on in Labor Certification? What is the difference?

A139 No job ad is required for LCA. Only internal notices need to be posted by the employer. Additionally, within 24 hours of filing an LCA, the employer is required to maintain certain documentation within their own premises.

Q140 Can I renew my multiple-entry visa stamp by mail?

A140 ] Yes, but note that this is only for renewal or reissuance, not for obtaining the first visa, and note that this is for the visa stamp in your passport that relates to travel permission.

Q141 Before transfer how long the candidate should stay with the original petitioner?

A141 There is no particular length of time required by law. As a practical matter, as soon as you have at least one pay stub, you could move on.

Q142 When somebody is on bench is there any conditions on the minimum payments and how long?

A142 100% of the salary must be paid even while on bench.

Q143 Can the original petitioner impede the transfer or harass the candidate/ not pay at all (note some agents do this dirty business). ?

A143 Other than filing a law suit of some kind, I do not see how.

Q144 Can I travel if I change the status of H1B visa with the petition still pending?

A144 You are legally allowed to travel, but it can be a little risky. Often students have a difficult time traveling and have been known to have a difficult time getting back into the country. It is advisable to postpone travel until after the H1B petition has been approved. In such case, you would obtain the H1B visa abroad and re-enter the U.S. in the H1B status. Please note that after being approved for a change of status to H1B (with an I-94 card at the bottom of the approval notice), you can start working and do not have to travel abroad. However, if at some point you do travel abroad, then you would need the H1B visa stamp in the passport to reenter the U.S. on H1B status.

Q145 Am I subject to the H1B cap if I change status to H1B?

A145 This is possible, if you have never held H status previously, then you are subject to the H1B quota or H1B cap when filing for a change of status to H1B. However if you have held H status in the past six years, you may not be subject to the cap. Please note that since the increase in the H1B quota under the American Competitiveness in the Twenty First Century Act (ACTA), signed into law on October 17, 2000, the H1B cap now appears to be less of a concern than it was even a few months ago. But, if H1B usage increases sharply, this situation could change again.

Q146 Can I apply for H-1 while I am on F-1 ?

A146 Yes, if you have the US equiv. of a Bachelors degree in the subject in which you will work.

Q147 How long does it take to get H-1 ?

A147 Time is highly variable. May be 3-6 months for new H-1, 2-4 months for H-1 transfer/extension and iff you use premium processing program, it will be processed within 15 working days.

Q148 If H-1 is denied do I still have F-1 Status?

A148 Yes.

Q149 If a guy is on H1B visa and working for company "A" and transferred his H1 visa to company "B", but haven't worked for company "B" and in mean while planning to to go company "C". Is it a problem or not?

A149 No problem as long as he is still working for "A."

Q150 We are often asked this question that what are the immigration law consequences of an H-1 or an L-1 holder being temporarily located abroad? For instance, what if an employer wishes an H-1 or L-1 holding employee to work in UK for a while.

A150 A brief overview of these issues.

1. H-1 or L-1 does not prevent an employee from being sent to UK. The employee can continue to be on the employer's pay roll. The employer can make the usual pay roll deductions. The detailed tax implications must be discussed with a tax expert.

2. H-1 or L-1 is needed ONLY if an employee wishes to work within USA. When an employee will work for example in UK, you must consult British laws to decide what kind of work authorization will be needed in UK. IF THE EMPLOYEE IS A BRITISH CITIZEN HE CAN OF COURSE ESAILY WORK FOR A US COMPANY.

Also, if the employee's application for green card is pending, that can continue without interruption. Note, however, that if the application is in the I-485 stage (last step) some special permission from BCIS (INS) may be required. Q151 I have an H1-B that expires in August. When do I need to apply for the extension (3 more years)?

A151 Apply for extension 5-6 months ahead.

Q152 Can I sponsor myself a H-1 through a lawyer of my own (if the company agrees to do so and work for that company?

A152 Yes. But the company does have to pay the $1,000 fees to USCIS (INS). You cannot pay that.

Q153 I came to US with H4 visa stamped on my passport. Now i have changed my status to H1. I wish to stamp this new H1 on my passport to visit India. Can I get it stamped in US itself? Whats the procedure ?How much time it will take?What are the documents I have to submit?

A153 First time H-1 stamping has to be done outside USA.

Q154 Are the chances of obtaining an H-1B for a J visa holder the same as an F-1 holder ? If no, why ? If yes, how can I get a little bit more information about the "J to H-1" process before I condider bringing this mandate to you ?

A154 A. J visas are of two types: a. those that do not have a restriction known as "Home Residency Requirement" ("HRR"); and b. those that do have the HRR restriction. People who hold J-1 with no HRR are on the same footing as F-1. No legal difference between F-1 and J- as far as converting to H-1 is concerned. People who are subje