Saturday, June 18, 2011

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  • fromnaija
    12-12 02:20 PM
    What if i leave it just like that?

    That, my dear friend, is courting disaster at a later date and would be very unwise.




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  • a_yaja
    04-02 03:18 PM
    If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
    I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.

    Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?




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  • irrational
    04-03 04:38 PM
    Hi Milind70,
    Can you please send me the format of the letter which your wife wrote to USCIS.

    email: irrational.number [at] gmail [dot] com

    Thanks folks for providing me with the support




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  • gconmymind
    08-27 05:21 PM
    I think you will not be able to apply for Visa renewal. You will be applying for H1 stamp for the first time hence it is a new visa applicaiton. this is per my understanding, please check with your lawyer. You can also send an email to the consulate (email address on VFS website). They will answer withing 3 business days...Goodluck
    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)



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  • hate_me
    03-28 03:39 PM
    Need a drop down for page list so that you click on that dropdown list click page number and it take you to that page, instead of clicking through the current pagination for couple of dozens of time, and also if possible need two options in pagination like << and >> once clicked on that it takes you 5 or 10 or some fixed number of pages ahead or behind. This is just a suggestion, and it doesn't take away the hard work and efforts taken by team whom developed it, kudos to them. :)




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  • Anysia
    03-03 10:08 AM
    FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:

    Title 68: Professions and Occupations
    Chapter VII: Dept of Finacial and Professional Regulation
    Subchapter b: Professions and Occupations
    Part 1340 Illinois Physical Therapy
    Section 1340.20 (a)(2)

    Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)

    Section 1340.20 (a)(3)

    "Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"



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  • dealsnet
    07-17 10:46 AM
    H1B fee + training fee also have to pay while filing.
    See details.

    Note: Filing Fees
    A U.S. employer filing an H-1B petition must submit the $320 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, an additional fee of either $750 or $1,500. A U.S. employer with a total of 25 or less full-time equivalent employees in the United States (including any affiliate or subsidiary of the employer) is only obligated to pay the $750 fee.

    read moreUSCIS - Petition for a Nonimmigrant Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D)


    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.




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  • bitzbytz
    12-05 02:36 PM
    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz



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  • qualified_trash
    06-09 10:34 AM
    I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........

    The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.

    I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.

    I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."




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  • lostinbeta
    10-04 12:20 AM
    Good Luck=)



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  • wantgc23
    04-28 06:07 PM
    According to my lawyer, you can travel up until the last date on the stamp as long as you have a new 797.

    Please check with your own lawyer who would be familiar with your particular case for the best advice




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  • paskal
    07-16 07:27 PM
    Hi,

    Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.

    hey inskrish,

    you should be getting a welcome e mail any day now!
    where's the party man?



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  • TwinkleM
    06-24 12:14 AM
    My H1 filed & approved thorugh company A from October 2004.

    H1 then transferred to company B & approved from Nov 2005.

    My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

    My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

    Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

    In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

    At this point, my questions are:

    1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

    2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

    The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

    Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

    Thank You in advance...




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  • syedajmal
    10-25 01:04 PM
    From the above posts you can defintely use the priority date once I-140 is approved and move on.

    My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

    Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

    Thanks in advance for your comments.:)



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  • sobers
    02-08 02:58 PM
    Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
    http://msnbc.msn.com/id/11221265/

    Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.

    Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".

    The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.

    Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.

    "These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.

    "Instead of arbitrary caps, a market-based approach that responds to demand is needed."

    The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

    Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.

    "We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.

    Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.

    "Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."

    Craig Barrett: America should open its doors wide to foreign talent


    --------
    IV Moderators- please use this information in your presentations.




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  • ubetman
    09-10 12:08 AM
    Can we buy there in DC instead of ordering now and not receiving before we leave? I am from dallas and If I order on Monday, do you think I can get before friday? FYI: I am leaving on saturday morning...Thanks...



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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.




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  • TheCanadian
    11-06 03:06 AM
    Eat all of that AJ!




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  • optimystic
    04-22 03:38 PM
    As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )

    So how can the processing date be July 11th !!

    It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)

    If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....




    sendmailtojk
    03-05 06:27 PM
    1. You said you entered US in 12/06 with PP expiring 5/07......if PP has an expiry date of <180 days, the Immigration guy in India normally should not allow you to board the flight.

    2. The last issued I-94 is the valid I-94.

    3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.

    Cheers and Good luck.




    prom2
    10-30 12:54 PM
    Update:

    My lawyer just received AP docs.

    nviren: usually they go to lawyer address (as per other users).

    Good luck.



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