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J1 to H1B process - I already have my VISA and DS 2019 mentioning "Bearer Not subject to 212(e)". What does this mean?
Hany's answer
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Answered on January 08, 2015
"Bearer not subject to 212(e)" would seem to indicate that you are not subject to the 2 year home residence requirement, that some J-1 status...
Archived
Can h1b extended if labor is approved
Hany's answer
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Answered on January 08, 2015
Yes, your employer can file for a one year extension of your H-1B status based on your having been in the permanent residence process for at least...
Archived
PERM with different employer?
Hany's answer
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Answered on January 08, 2015
Yes, that is possible. PERM is based on a prospective offer of employment once your green card is approved. However, you may face scrutiny...
Archived
As an H1B visa holder, am I allowed to stay legally in the US if my company fires me and not announce USCIS?
Hany's answer
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Answered on January 07, 2015
If you are terminated prior to your authorized stay, your status ends with your last day of work - whether or not your employer notifies the USCIS....
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Filling in my N400 and I am surprised to see that the document checklist asks for ORIGINALs in certain cases.
Hany's answer
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Answered on January 07, 2015
You must be able to present the originals at the time of the interview, but only copies are typically filed with the application. You're right, if...
Archived
H1B Transfer with new I94 and without stamped visa (latest petition dates)
Hany's answer
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Answered on January 07, 2015
You do not need a valid visa stamp in order to do a change of employer H-1B - as long as your I-94 record is valid and you are still employed with...
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Archived
My 2nd H1B (expires March 2018) and my green card process starts by the December 2015 of this year. Am I at risk ?
Hany's answer
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Answered on January 07, 2015
Starting the PERM process in December 2015 is more than enough time to get you to a point where you will be eligible for continued H-1B extension...
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Archived
How to re-petition for H1B visa, claiming cap exemption, when I do not have the details of my old approved I-129 H1B petition?
Hany's answer
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Answered on January 07, 2015
Unfortunately you are subject to the H-1B cap. You would be exempt if you held H-1B status within the last six years Your H-1B petition was...
Archived
1. need advice if i'm eligible for EB2 or EB3 category for Green card processing from H1B?
Hany's answer
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Answered on January 07, 2015
Generally speaking yes - experience gained with your sponsoring employer cannot be used to satisfy the minimum requirements for the job. It is...
Archived
1. need advice if i'm eligible for EB2 or EB3 category for Green card processing from H1B?
Hany's answer
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Answered on January 07, 2015
Generally speaking yes - experience gained with your sponsoring employer cannot be used to satisfy the minimum requirements for the job. It is...
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