chanduv23
10-01 03:23 PM
^^^^^^^^^^^^^
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StuckInTheMuck
08-07 10:47 AM
I filed mine, and my wife's, July 2 ('07) without medical, got status alert "RFE notice sent" Aug 4, guessing medical (have doc appointment tomorrow).
mmanurker
08-06 11:29 AM
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
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shirish
02-05 01:34 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.
One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.
more...
thomachan72
05-26 08:16 PM
Has anybody tried booking an emergency apointment? I was checking that some time back when I wanted to go urgently and it says that it is for people wanting to visit US for urgent family matters and not for people who are currently in the US and visiting home country. Anybody has tried this (going from US to get visa stamped in India in an urgent situation?).
mita
08-12 08:14 PM
Friends,
We had updated our new address using AR-11 on all our pending applications and received finger printing notices, EAD and AP at our new address. For some reason they had not updated I-485 and when it was approved, it went to old address and was returned back. One of our friend just told us that it had happened to them also and that USCIS does not update I-485 address changes, not sure why but better to call and make sure of the update.
We had updated our new address using AR-11 on all our pending applications and received finger printing notices, EAD and AP at our new address. For some reason they had not updated I-485 and when it was approved, it went to old address and was returned back. One of our friend just told us that it had happened to them also and that USCIS does not update I-485 address changes, not sure why but better to call and make sure of the update.
more...
dionysus
01-28 08:31 PM
I just applied for a PIO card for my daughter. I did not even know that there was any other option available.
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tabletpc
10-17 02:14 PM
Surabhi,
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
more...
singhsa3
08-14 11:02 PM
This will be mass distributed with the flyers.
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prinive
03-28 09:45 AM
Thanks...
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Any one else ... :o
$50 from me
Paypal tx 1PM83845HD6289400
more...
sanatshah
10-12 12:20 PM
My I-485 reached to NSC on July 17th. Still waiting on RN.:(
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pappu
06-05 11:52 AM
no, no....it does not make me feel any better...
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
more...
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texcan
07-31 04:55 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
AVR is valid for reentry only if you donot apply for visa in canada or mexico
and if you come back to US within 30 days.
Donot give you I-94 when you leave US.
If your visa is rejected in canada, you cant re-enter US.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
AVR is valid for reentry only if you donot apply for visa in canada or mexico
and if you come back to US within 30 days.
Donot give you I-94 when you leave US.
If your visa is rejected in canada, you cant re-enter US.
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485Mbe4001
06-29 03:57 PM
i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.
more...
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xtetic
03-11 09:37 AM
from what i understand it is legal for now, but for sure it might raise some eyebrows. i for one know this guy who applied 2 h1's from 2 employers from india. he did get his receipt# from one of them but he got a rfe nd got rejected. i don't know details if the rfe was for 2 apps or for some other issue with the cmpy itself.....will try to contact that guy n d update here
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RNGC
04-08 09:38 PM
As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
more...
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ajp5
05-05 10:15 AM
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
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gcseeker2002
10-26 01:00 PM
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
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us_employee
02-09 05:39 PM
I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
alpa
02-24 04:36 PM
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Thanks and Regards,
Alpa
1. Which documents are required to convert H1 to H4 while being in USA?
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Thanks and Regards,
Alpa
priderock
08-06 11:55 AM
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
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