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  • wellwisher02
    03-27 03:22 PM
    Has anyone gone to Vancouver for H1B stamping? Please share your experience and any pointers. It will be a great help.

    Also, I found this on Vancouver consolate website:

    "Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "

    This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?

    Thank you.

    Hey,

    Lemme share my H1B Visa stamping in Vancouver, BC in July 2006:
    1. First of all, you need to fix a Visa Stamping appointment via www.nvars.com.
    2. Get a Canadian visa to make your trip to Canada. (I didn't have to do this since I hold Canadian Green Card.)
    3. On the appointment date, be atleast 1 hour ahead of your appointment time.
    4. Do not carry any electronic items (car remote, camera, etc) and food/liquid.
    5. Carry all the relevant paperwork along with cash in US dollars, just in case you wanna pay fees by cash.
    6. Present the documents asked for, and answer questions posed by the Visa officer confidently.
    7. The attending Visa officer will tell you to go to a particular counter to pay a reciprocity fee.
    7. Once the fee is paid, you need to collect your passport with new H1B visa stamped the next day at 3 PM.

    You will not be able to collect your passport with H1 Visa stamped the same day. If your paperwork is organized (meaning you have all the relevant documents for H1B visa stamping), you'll get your passport the next day. Normally, it is stated in their printed document that it would take 2 - 3 business days. In reality, you can collect it the next day unless your case requires more investigation (due to any missing documentation, etc) by the US consulate. You should stay there for atleast 2 business days to get your H1B visa stamping done. Getting your visa stamped in contiguous neighbouring country like Canada and Mexico is convenient as opposed to going to your home country which would otherwise cost your more time and money.

    Hope this helps.




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  • bala50
    07-26 10:25 PM
    any idea when will this be taken up?


    No idea when the amendment will be taken up. But the bill is currently being debated in senate.




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  • shirish
    08-15 03:16 PM
    One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)




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  • InTheMoment
    08-05 11:31 AM
    Why partial, If I were you I would have asked for a full refund !

    $1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • freeskier89
    01-02 02:29 AM
    Megaswf.com seems to work :)




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  • rongha_2000
    04-30 05:24 PM
    Its kind of an interesting thought process, but I am curious why do you assume that NON-Perm cases will be very few? And also forgive me for being negative here but you are "assuming" all those parameters which are critical to the decision making process. This is a very interesting approach and if we can get real data to back this up, then nothing like it. (BEC cases will be a big factor in this calculation)

    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.

    The rational are as follows (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.


    Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).

    Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.

    Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
    Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
    Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
    Assumption 4: NIW applications are negligible
    Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
    Assumption 6: 50% of visas are used by retrogressed countries.

    Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
    Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
    Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.

    So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.



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  • MAEB2TR
    09-04 10:42 AM
    I heard that too. If your attorney feels confident, then proceed with the filing.




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  • GCapplicant
    02-01 07:57 PM
    We had a similar problem during Dec 06 - Our bill came around 400 ...We reside in NJ...

    We were surprised because we spent almost 20 days in Florida.

    when we called our provider there wasn't much help ,they never accepted that it was a fault.

    I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.

    Then thet agreed not to charge for three months.

    So check your meter...and previous bills usage ...for comparison...

    But where were you at a stretch all those months??



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  • hpandey
    12-17 10:20 AM
    What is NOID? If i don't respond do i have the time to respond. How much time do i have?

    And what is RFE?

    Thanks

    NOID means Notice of Intent to Deny which is usually sent if they haven't heard from you regarding an earlier notice ( for e.g RFE which is request for evidence , or continuity of case from your employer etc )

    RFE - Request for evidence is usually generated when USCIS needs something from you or your employer . They have to be responded between 30-45 days mostly .

    Contact both your lawyer and USCIS to find out why your case was denied.




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  • ajcates
    10-13 10:33 AM
    oh.



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  • unseenguy
    02-23 12:11 PM
    Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?




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  • FinalGC
    10-30 03:46 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....



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  • bmeduru11
    02-18 11:43 AM
    Hi all,
    I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
    New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
    Please suggest my any options I have for not losing I-485 and EAD.




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  • LostInGCProcess
    06-17 05:05 PM
    The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
    The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.

    In this case EVL, W2s, and paychecks is enough to prove.



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  • martinvisalaw
    06-04 10:09 AM
    You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.




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  • gbof
    08-01 08:31 PM
    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?

    You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.

    God Bless Our Family



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  • tish
    06-25 06:01 PM
    Consult a lawyer.
    I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.

    In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )

    This situation of yours hinges on technicality and better talk to a lawyer.

    what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
    what should we enter as last entry into us




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  • fromnaija
    07-30 10:08 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?

    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.




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  • loudoggs
    08-27 05:46 PM
    Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.

    Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.

    I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.

    Hope this helps.

    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)




    belmontboy
    01-26 02:23 PM
    u are a rasam drinking gulty, right?
    :eek:

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    Why does one have to be gulute for that???




    sam_hoosier
    12-11 12:39 PM
    Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.

    $ 320 filing fees + $ 1500 employer fees = $ 1820

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD



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