Tuesday, June 7, 2011

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  • eb3_nepa
    11-06 10:37 AM
    I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.

    As long as:
    1) You can provide your new firm a copy of your Approved I-140 and
    2) Your first employer does not cancel the I-140

    You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.




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  • chanduv23
    09-17 03:01 PM
    Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead




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  • manderson
    05-21 02:10 PM
    ...only problem is they care only about H1:

    US-India visa row overshadows Doha talks

    By Alan Beattie in London and Jo Johnson in New Delhi
    Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23

    Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
    Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.

    But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
    Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
    Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
    In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
    �Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
    So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
    A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
    Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
    The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
    Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.




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  • sk76012w
    07-04 10:23 AM
    Rayyan,

    Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.

    Now, answers to your questions:

    Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.

    I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.

    I normally go to Chennai as that is my regional consulate.

    I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.

    We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.

    All the very best for your interview.

    Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.



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  • amsgc
    11-26 01:34 AM
    Cygnet,

    There is no such thing as a transfer - every petition is a new petition.
    In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.

    Hello Friends,

    I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.




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  • rahulpaper
    06-19 06:15 PM
    I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
    I am not sure what he will say in report (which i get in couple of days). But my question to you all is :

    When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?

    Please Reply



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  • izolo
    06-04 02:11 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me




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  • pandeyrj
    01-02 01:13 PM
    I am on 4th yr of L1+H1 & planning to work on EAD for another employer on AC21. I want to know if can switch from EAD to H1 if any issue comes in 485.

    Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?

    Please reply.

    Thanks.



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  • akhilmahajan
    06-22 08:24 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............




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  • raithedavion
    07-07 12:53 PM
    privatevoid outputFile()
    {
    string temp;
    int counter = 0;
    int counter2 = 0;
    fileOutputPanel.Visible = true;
    fileOutput_txt.Text = file + "\r\n";
    FileStream fs = File.Open(file, FileMode.Open);
    BinaryReader myReader = newBinaryReader(fs, Encoding.ASCII);
    for (int i = 0; i < fs.Length; i++)
    {
    try
    {
    temp = myReader.ReadChar().ToString();
    if (i > 15)
    {//33
    if (counter > 3 && counter2 <5)
    {
    fileOutput_txt.Text = fileOutput_txt.Text + "\t";
    }
    fileOutput_txt.Text = fileOutput_txt.Text + temp;
    counter = counter + 1;
    counter2 = counter2 + 1;
    if (counter2 > 32)
    {
    fileOutput_txt.Text = fileOutput_txt.Text + "\r\n";
    counter2 = 0;
    counter = 0;
    }
    }
    }
    catch
    {
    fileOutput_txt.Text = fileOutput_txt.Text + "\t";
    temp = myReader.ReadSingle().ToString();
    i = i + 4;
    fileOutput_txt.Text = fileOutput_txt.Text + temp;
    counter2 = counter2 + 1;
    }
    }
    }


    I've tried ReadSingle(), ReadChar(), Read(), ReadByte(), ReadChars(), ReadInt16, 32, 64, etc etc. The binary file is created by a program called Axys and has to do with stocks and trading them. So I do not have access to their write method.



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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?




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  • forgerator
    03-04 04:58 PM
    Friend of mine, came to the US in 2004 to do MS in Computer Science, graduated in 2005, got a job at Microsoft, applied greencard EB2 and got greened in 2006.

    Life is so unfair. but anyway congratulations!



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  • kghoshal
    02-18 06:49 PM
    Last December, 2006 I got laid off because of company downsizing. My last pay stub was dated 12/15/2006. My LC was pending more than 365 days in my last company. Recently I got new job offer. My new company attorney is collecting all my immigration related information for filing H1-B extension from me. I have almost 60 days employment gap when my new company attorney file my 8th year H1-B extension.

    I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.




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  • GC_1000Watt
    12-03 04:50 PM
    Dude! Just go with confidence and you'll be fine. Have all the documents with you. Have your pay-stubs handy with you.
    I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
    I was also asked to show my last 3 pay-stubs. Good luck!
    Thanks!
    Hello All,

    I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.

    Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.

    Thanks,
    GreenMe



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  • WTFever
    12-03 12:54 AM
    I have been thru K-1 crap and finally got my wife here from vietnam. I only have one last thing to say to you all......you should ALL be working for the red tape system. No one willing to take a second and offer ANY useful advice, which was my query. Instead I have not filled out the proper form, crossed all the T's and dotted the I's and can't get any help...form rejected....NEXT!




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  • Lasantha
    01-25 09:21 PM
    You can create a new account with a new email address and then use that to point to the same case numbers. This would be the best approach if you don't have the contact numbers.



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  • veni001
    06-22 02:46 PM
    With same employer could definitely trigger audits from both DOL and USCIS!!


    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil




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  • desi3933
    07-05 03:32 PM
    Please note that I joined the H1 employer and later got an H1 transfer approved also.

    Thanks.

    I am little confused now. Did you get another H1/H1 transfer recently.

    Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.

    It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.


    ___________________
    Not a legal advice.




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  • ab_tak_chappan
    08-13 12:46 AM
    That's the spirit guys/gals :), Enjoy to the hilt. News will follow :D
    loved the song.. heard so many times.. without knowing the detailed meaning :-)

    I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)




    pd052009
    04-28 04:11 PM
    One of my friends who applied in Jan, got it in 2 weeks. I haven't heard of any delays.




    rskanth
    08-18 12:25 PM
    It takes average 3 - 6 months for I-140 to get approved(I got it in 40 days), but like lot of other people i am stuck with retrogression :(



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