Friday, June 10, 2011

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  • RSRao
    10-28 03:32 PM
    This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.

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  • traveldoc
    09-30 07:16 AM
    First off priority mail could take about 5 days to reach and sounds like you are right about there now. Second, if you sent via priority mail with delivery confirmation the post office is responsible for it, contact them and try to locate the package. If you are not in a hurry for the AP I advice you to take this route. If you are in a hurry I suggest you send a second package in Express mail. Good luck with you AP.

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  • mohitb272
    12-11 02:41 PM
    hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.

    Hi there

    I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.

    Are there any other ways to make this possible?

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  • gc_chahiye
    12-18 11:32 PM
    Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....

    Any sugessions.....???

    Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.


    staying on H1 is always recomended as it gives you a safety net... Its your call.. If you are joining a company that does provide the H1 option, go for it.
    LC substitution is dead. The rule limiting LC to 180 days came in the same set of regulations that banned LC substitutions, hence maybe the confusion, however the two are NOT tied. LCs are valid for 180 days period.


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  • ksrk
    09-22 07:49 PM
    We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)

    Hi senk1s,
    When did you make this travel over air?

    I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).

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  • Domino
    09-14 01:24 PM
    Thank you raysaikat.
    I just see one more option-- NIW...
    Hope at least one of these would work in the end.


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  • Dipika
    08-14 01:10 PM
    Not sure what way they are going to approve cases.
    But i noticed, All approved cases are clear, means no RFE in any stage.

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  • hianupam
    04-16 03:55 PM
    get involved in your Texas state chapter when you finally make your move.
    Flowermound is great, but Plano rocks! ;)

    I will contact you as soon as we get settled. (that is if we decide to move)


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  • mpgc
    10-16 04:56 PM

    My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)

    These are my questions:

    1. Do I really need to apply AC21 now?

    2. If I apply AC21 with Software Engineer title what could be the consequence

    3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?

    If anyone has better idea, please advise me. I'd really appreciate all your help.

    Thank you very much...

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  • ImmiLosers
    09-25 05:25 PM
    That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date

    They did for me...


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  • chanduv23
    11-19 03:36 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?

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  • vicsthedude
    04-28 09:15 AM
    I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.

    There were absolutely no issues, wasn't asked a single question on entry.... looks like all
    the stories of trouble at POE are baseless.


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  • kevinkris
    08-06 01:57 PM
    Is it a big blow for desi consulting firms??

    US raises H-1B, L1 visa fee by $2000

    Washington: The US Senate today approved a substantial increase in application fees for H-1B and L1 visas, most sought after by Indian IT professionals to fund a $ 600 million emergency package to improve security along the porous Mexican border.

    The proposed massive increase in H-1B and L1 visa application fee would primarily affect the top Indian IT companies who rely majorly on these categories of visas to continue with their work in the US. The Senate measure increases the visa fee to $ 2,000 per application on those companies that have less than 50 percent of their employees as American citizens.

    "I prefer our source, which is from these companies which are not, as I say they are companies whose whole purpose is to bring people in on H-1B and the vast majority of them from other countries who go back to the other countries. That is a better funding source," Senator Charles Schumer from New York said in his remarks on the Senate floor.

    Schumer along with his other democratic colleagues including Senator Claire McCaskill has introduced the legislation in this regard, which was passed by unanimous consent. During the debate, however, Senator John McCain wanted to fund the security along the Mexican border with the stimulus money, which was turned down by Schumer.

    "The bottom line is this. I like the H-1B programme, and I think it does a lot of good for a lot of American companies. In fact, in the immigration proposal I made, along with Senator Reid and Senator Menendez, as well as the outline with Senator Graham, we expand H-1B in a variety of ways," Schumer argued.

    "There is a part of H-1B that is abused, and it is by companies that are not American companies or even companies that are making something. Rather, they are companies that take foreign folks, bring them here, and then they stay here for a few years, learn their expertise, and go back. We think we should increase the fees when they do that," the Senator said.

    Rejecting McCain's proposal to get the funding from the stimulus money, Schumer said: "I hope, even though I cannot accept these amendments, that maybe we could come together on something that we could bring back in September because I do believe we have to secure the border."

    Schumer said: "Even in the comprehensive proposal that we made, we said we have to secure the border and do other things as well. It is my belief that securing the border alone will not solve our immigration problems; that until we have comprehensive reform, particularly in making sure employers do not hire illegal immigrants which they now do, even though they do not know they are illegal immigrants because documents are so easily forged, that we have to do comprehensive. But we should do the border. To say we have to do comprehensive does not gainsay that we have to work on theborder and work on it quickly and soon."

    It is not clear yet, if this increase would also apply only to those firms that are also H-1B-dependent.

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  • nogc12
    07-12 02:56 PM
    Another law suit


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  • yabadaba
    06-18 11:50 AM
    Hi Guys:

    Had some questions with regards to my actual 485 form.


    2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

    2003-2004 - OPT

    2004-2007 - 1st H1 (never got it stamped)

    2007-2010 - 2nd H1 (stamped last month in canada)

    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94

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  • krishnam70
    07-09 12:45 PM
    I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.


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  • rb_248
    07-16 05:22 PM
    Me was posted 15th of June... This is not the July one :p

    That is why this GCKabhayega has so many red dots....

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  • abhisam
    07-09 12:22 PM
    If you don't get your EAD renewal card you should stop working. Because it is illegal.

    I understand that and have no problem in taking a gap for few days. So all I need to do is ask my employer not to pay me for the period? Will that be enough for uscis and IRA?

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  • virtual55
    07-29 03:28 PM
    In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.

    Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.

    It is not fair.

    This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.

    12-20 06:56 PM
    CBP = customs and border patrol

    defferred inspection site is an office in which there are several immigration and custom officers stationed. What they do there ,i don't know .

    04-20 06:23 PM
    USCIS said you should receive receipt dated no later than June 2
    you can check their official press release ( D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).

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