Saturday, June 18, 2011

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  • lostinbeta
    10-04 01:20 AM
    Hopefully it works....haha :)





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  • new_gc
    01-24 05:20 PM
    guys,

    does texas service center still accept phone calls using the old method?...i tried calling today and it said no iio available at 2p.m texas timing....i tried till 4 ...no luck...should i drive all the way to the uscis office?or can i try tomorrow?anybody called today and got response?





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  • vvincent72
    08-16 04:59 PM
    As per me, you really have to do "nothing"

    1. You continue working with your present employer
    2. Let the contract company get your H1B approved
    3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
    4. Wait for 6 months
    5. After 6 months you will get EAD.

    I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons

    The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485

    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!





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  • pranju
    05-29 09:04 PM
    Donot forget to send the webfax :)



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  • Eveready
    07-10 09:37 PM
    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)





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  • looivy
    12-22 10:13 PM
    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!



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  • hbk
    04-14 07:57 PM
    Hello,

    I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.

    Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?

    1. Resume
    2. Master's mark sheets,Degree & Transcript
    3. Bachelor's Mark Sheets,Degree & Transcript
    4. Previous H1B Approval Copies
    5. Old & New passport copies
    6. I-94 Copy (Front & Back)
    7. Client Letter with resposiblities,role,technologies & project details (without end date)
    8. Business card for me from client
    9. Business card for Client Manaager
    10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
    11. Last six months pay checks.
    12. Last three years W2’s (2007, 2008, 2009)
    13. Copy of I-140(EB-2) Approval notice
    14. SSN Copy
    15. Driver License Copy
    16. Degree evaluation report
    17. Contract papers between employer & vendor (not purchase/work order)
    18. Employment Offer Letter between Employer and Employee

    Model : Employer(Consulting) --> Vendor --> Client
    Working for this client from last 20 months.

    Above documents are enough to get approval ?
    What are the chances of RFE?
    What are the chances of approval without & with RFE ?

    I will greatly appreciate your response.

    Thanks.





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  • zofa30
    09-14 11:52 AM
    bc_rp,
    Thanks for your reply.
    For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

    Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.

    Thanks



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  • Anil777
    04-06 10:54 AM
    Any help??

    Hello Braindrain...(sorry i dont know your original name)

    I am also in the same situation as u mentioned in ur post....my wifes passport and D.O.B has her mother's name - short name instead of Full name.
    would appreciate what you did in ur case and if u r able to provide the sample content of the affidivit that u prepared for ur parents....pls reply me back at the earliest at - anil.mattupalli@gmail.com as they have visa appointment in another 2 weeks...many thanks





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  • swede
    09-09 11:47 PM
    I'm posting this question here since many of the GA members are scheduled to meet the law makers on Tuesday afternoon. Is there a dress code for the meeting i.e. formal suit, shirt and Tie or IV Tshirt is ok?

    Check under Lobby Day:
    http://immigrationvoice.org/forum/showthread.php?t=12749

    It says formal dress code or IV T-shirt. Both ok.



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  • chanduv23
    04-21 01:44 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.





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  • shirish
    02-05 02:08 PM
    I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.

    Thanks
    I doubt, you can do that on B1/B2. But again i am not the expert.



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  • Rajeev
    10-10 09:58 PM
    It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill.





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  • va_il
    12-18 03:25 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.



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  • macml
    01-13 02:05 AM
    Hi,

    My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

    Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

    Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

    The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.

    However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!





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  • senocular
    01-15 03:26 PM
    Are ovals allowed? I can probably guess the answer to this, but just wanted to double check before I made my entry.

    I guess, similarly, this should include other transformations as well - scaling/skewing (= ovals) or even 3D rotation as available in FP10 ...?



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  • jindhal
    09-23 01:47 PM
    tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.

    Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

    Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.





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  • indio0617
    05-01 12:04 PM
    If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,

    is it like something random, or USCIS holds a lottery ............. i am just curious........

    Yes, It is definitely yet another lottery.

    Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".





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  • moe
    02-04 11:26 AM
    hi everyone..i try to long sotry short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
    but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
    Q1-do i have rigth to work here now?
    Q2-do i have to wait realy long time?
    Q3- can i do anything for waiting time shorter?

    MY lawyer is good man but i can even talk to him when i need





    satishbsk
    07-08 05:38 PM
    They took 20 k tilll last month and no match.

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    desijackass
    11-02 09:34 AM
    I got my H1 B stamped in Oct 2010 at the Vancouver consulate.

    Step 1:
    The first thing you need to get an appointment at Vancouver consulate is to visit their website (Vancouver • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/vancouver.asp)). Instructions on the website are pretty straightforward. Use the online system to enter all your information and fill up the DS160 electronically. Upload a recent photo (within 6 months). I saw a number of people have to produce newer photos when I was at the consulate because the ones they provided were too old. If you screw up on that , don't worry there is a photo booth inside the consulate (that is super expensive) and you can get pics there. There is also a store across from the consulate where you can get pics.,\
    Once you fill up your DS 160, continue the application process for the visa, and at the very last step you can request a date. I did mine a month in advance and I think the system releases dates only 1 month in advance. My appointment was on Oct18 and the system allowed me to change dates upto Oct 15. Pay the online fee using your credit card and make sure you have a printer handy. The reciept they send you is important and make sure you print it out immediately. I did not find another spot where you could print it.

    Step 2:
    Now that you have an appointment , if you are Indian , you will need a valid visa for Canada. Goto the Canadian consulate website for the USA and depending on your nearest consulate send the application. Please remember the Canadian consulate is not as efficient as the US consulate and allow at least 3 weeks for them to process your visa. Mine took over 15 days and they sent the passport back regular ordinary mail. The passport reached a day late , so I had to rebook my airline tickets. If you plan things well , you can get your passport back and book tickets then. I have read online that you can send them an express mail cover , but I didn't see anything of that sort on the website, you can try it, worst case you will be out $20. The Canadian form is a pain , but once that is done, just mail everything in. For Canada I said reason for visit was "tourism" , didnt really talk about the Visa renewal. I included bank documents, and last 3 paystubs. You don't need a valid US visa to go to Canada because technically the H1B document is valid for return.

    Step 3:
    Assuming you have got your Canadian visa, buy airline tickets to Seattle, it is much cheaper than buying tickets to Vancouver. Once there there are a number of ways to cross the border. You can be super cheap and take a bus , or if you have friends and family you can rent a car and drive across. My car rental rate for the whole week was $275. Vancouver has a great public transport system and you do not really need a car there.
    I crossed over at midnight so there was no traffic, the lazy Canadian border guard didn't really care , barely looked and my passport and waved me through. (Makes sense that they don't care that much because the US is so strict, if you are here and crossing over, you are probably legal!) Don't take any food across, thats one of the questions they ask you, and if you do have any , it would probably be a hasssle.

    Step 4:
    Now that you are in Canada, you don't have to stay downtown Vancouver. I pricelined a hotel (Hilton) in Burnaby, which is the next suburb also called metro town. $75 a night , whcih was a great deal for the hotel, right across from a really large shopping mall.It was also 5 mins walk from their sky train system.I would suggest getting a hotel for atleast 3 days. and then getting more if you required. So I parked my car there. Monday morning , interview day, I took the skytrain downtown, I think the stop was waterfront or the one before that, sky trains are empty, fast and efficient <20mins to get downtown and $3.5 for the ticket. 5mins walk from the station to 1075 w pender street where the consulate is located. There are hardly any signs, so you may have to ask around. Hint: the consulate is in the same building as the Starbucks. Don't bother going early than 20 mins, because you will just stand around waiting. 20 mins in to your appointment, make your way to the consulate.
    You will need your passport, supporting documents (just the bar code DS160 reciept), pay stubs, H1B notice etc
    They will do a preliminary check at the entrance,DO NOT TAKE YOUR CELL PHONE or any electronics with you, you will be sent away.
    After that you go to this dull , drab room, where you sit around for about 1/2 hour till they check your docs and wait for finger printing. They are usually very friendly there, any discrepancy , they let you correct it, not like Chennai where they kick you out.
    After 1/2 hour I got finger printed then was taken up to the 20th floor, where I had to wait for 5 mins.When my number was called.
    I then went up to the counter, the lady asked my what I did, where I worked (Usual BS), it was my third renewal, so it was pretty lax. I work for a Big 10 school, so it wasn't much of a problem. I was done in 5 mins, and she said that she was sticking sticker on my passport so I could come back on Wednesday and pick it up, or I could have it sent to DHL, I said , I would come back.
    I was out of there, I then explored Vancouver for a couple of days, went back to consulate on Wednesday when a security guard handed me my passport. I pricelined the same hotel and extended my stay for a few days, then drove back to Seattle.
    On my return, my entry was smooth, they checked my paperwork, american border guards were very efficient and friendly. It was a half hour wait at peach arch, and I was there at 7 am. I did notice lines getting bigger. I had to pay$6 for a new I-94 and then drove to Seattle airport and was out of there.



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