windycloud
07-10 10:33 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
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rick_rajvanshi
09-12 01:44 AM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
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Munshi75
06-06 07:30 PM
Indian consumers have to bail out Tata soon as the bogus credit rating agencies consider to downgrade its ratings troubled after Tata placed its hands on those two white elephants. Or we can balme it on Ford and Mulay.
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mdross2
11-26 12:39 PM
Thank you so much for your response.
So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)
What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?
Thanks again for your time.
So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)
What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?
Thanks again for your time.
more...
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kishorep914
05-17 08:55 PM
I have been getting only 1 year extension after my first 3 years of H1. My I-140 has been approved in My 2nd year of my H1 visa. So it entirely depends on the USCIS discretion.
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srikondoji
04-26 07:50 PM
Berkeleybee
Done editing my blog.
Thanks for correcting my blog.
I will also post a textual link on my online party invitation website where several indians visit and send their party invitations.
Currently there are 2 indian families celebrating housewarming party using my website with close to 75 guests and i have several email id's who in the past have used my website.
I hope i atleast get the attention of few indians to this website and our cause.
Thanks again for the hardwork.
sri
Done editing my blog.
Thanks for correcting my blog.
I will also post a textual link on my online party invitation website where several indians visit and send their party invitations.
Currently there are 2 indian families celebrating housewarming party using my website with close to 75 guests and i have several email id's who in the past have used my website.
I hope i atleast get the attention of few indians to this website and our cause.
Thanks again for the hardwork.
sri
more...
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carbon
09-12 01:14 PM
Hi Guys,
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
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Happyday
06-29 09:48 AM
Reminder: Those living in highrise apartments or large apartment complex should put up the names of their family members on the mail box such that the green card mails are not returned to the USCIS. Under the current USCIS policy, the U.S. Postal Services are not permitted to deliver the USCIS enevelope with "Return Requested" red stamp other than the specific individual named on the envelope. This is particularly true with the green card delivery.
more...
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martinvisalaw
10-21 04:30 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
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Refugee_New
06-12 06:41 PM
When did processing time became on or after your RD: 06/06/07
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
more...
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vine93
02-13 10:46 PM
I did this earlier.
Most of the good travel agents in India have online transfer money facility. Add their a/c to your ICICI a/c and transfer Money to them.
If you need their detail. PM me.
good luck
Most of the good travel agents in India have online transfer money facility. Add their a/c to your ICICI a/c and transfer Money to them.
If you need their detail. PM me.
good luck
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rockstart
06-15 03:42 PM
In your case you need to get a rectified copy of the BC from the same municipal corporation that issued you the original certificate. That way all your documents bear a consistent name and other information.
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Green.Tech
08-03 05:11 PM
AFAIK, one can amend the EB-3 485 petition and inform USCIS to use the new EB-2 labor and 140 for the same 485 application from before. I don't think that a new 485 needs to be filed in this case. I may be wrong though.
Anyone has any legal insights into this?
Anyone has any legal insights into this?
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radhagd
02-22 09:54 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.
more...
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snram4
08-04 06:26 AM
SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.
I received the same email too.What a pity.....
I received the same email too.What a pity.....
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jhaalaa
03-19 04:15 PM
I guess OKies are lazy guys. Please post your details so we can help do some more than just benefit from the efforts of others assuming Lady Luck would eventually smile anyway so why bother her now!
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nousername
11-11 07:05 PM
1. Logically HUD document should work but again we are talking about Indian government so not sure. Insurance document might not work and I'm almost certain about it.
2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..
Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..
Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
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validIV
03-25 01:09 PM
Iam actually not out of status...i will be instatus for 2 more months ....
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
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waitnwatch
07-22 12:27 PM
I did notice the exchange on the "free advice from lawyers" thread. You had asked a question and posted a follow up urging the attorney to answer. Pappu just informed all posters that the attorney chooses which questions to answer. The attorney in this case may have decided not to answer your question and Pappu had nothing to do with that.
The only thing I can request you is to please choose your words judiciously....the same thing can be said in multiple ways.
Would you like some green dots - I can surely give you a few.:)
Pappu:
Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..
See after ten twenty minutes I will have RED DOT.
here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.
for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.
I know man you can ban me from this forum anytime.
Just my views.
Please delete it if you dont like post.....sorry.
MC
The only thing I can request you is to please choose your words judiciously....the same thing can be said in multiple ways.
Would you like some green dots - I can surely give you a few.:)
Pappu:
Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..
See after ten twenty minutes I will have RED DOT.
here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.
for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.
I know man you can ban me from this forum anytime.
Just my views.
Please delete it if you dont like post.....sorry.
MC
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
sunnymit
08-10 03:42 PM
You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...