I got selected in the H1B lottery, but I am subject to the two year residency rule from a J1 visa I had a few years ago.
Hany's answer
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Answered on May 05, 2015
You do need a waiver. Hopefully you advised the attorney filing the H-1B petition about your prior J-1 status and being subject to the 2 year...
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Is there a way I can cancel my H1B petition? If canceling is possible, is it too late (May 4th, 2015)?
Hany's answer
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Answered on May 05, 2015
The H-1B petition is your employer's petition, so the are the ones that need to write a letter to the USCIS (assuming your petition was selected in...
Does vacation time out of US counted while H1B VISA extension?
Hany's answer
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Answered on May 05, 2015
Yes your employer can "recapture" time spent outside the U.S. when extending your H-1B status
Archived
How often does dept. of labor updates the perm processing time for EB2 green card application?
Hany's answer
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Answered on May 05, 2015
It is typically updated once a month, but there have been times, when it was not updated.
Archived
H1b filing fees en-cashed. Does it mean i am selected in lottery?
Hany's answer
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Answered on May 05, 2015
If the filing fee were cashed that is a very good sign that your petition was selected in the lottery. Your employer should receive the receipt...
If the Lock box rejects my I-485 package (for any reason) how soon can I expect the package back home?
Hany's answer
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Answered on May 05, 2015
It can take several weeks to receive a rejected application from USCIS. You usually receive a receipt notice, if the application is accepted...
I129S validity dates shorter then intended period of employment, am I able to re-stamp visa?
Hany's answer
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Answered on May 05, 2015
The duration of your visa stamp can also be based on your country of citizenship (based on treaties/agreements between the U.S. and various...
Archived
What would happen if my wife where to loose her Permanent Resident card due to staying out of the country too long?
Hany's answer
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Answered on May 05, 2015
She can absolutely lose her permanent resident status if you resides outside the U.S. for a period of time. She should apply for a re-entry permit...
Archived
Visa Expiration
Hany's answer
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Answered on May 05, 2015
The fact that your visa has expired, alone, does not affect your ability to have your status extended, assuming you are eligible for an extension. ...
Archived
PLEASE HELP PERM QUESTION- I have gained all my work experience in a position that is substantially similar to the job offered
Hany's answer
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Answered on May 05, 2015
There have been many pronouncements by the DOL and BALCA on this issue - you cannot use experience gained with the sponsoring employer to meet the...
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