Saturday, June 11, 2011

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  • snathan
    01-22 04:22 PM
    Hi,

    My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.

    Please advice.

    Whats the reason for denial...




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  • buehler
    01-31 12:04 PM
    If you get married before your GC is approved you're fine. You have something like 6 months grace period after your GC is aprroved to file for her I-485. It is better to keep all of her records ready so that you can file as soon as your PD becomes current.




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  • amitjoey
    01-26 11:16 AM
    Remember although this bill is only for PHD holders as it states now- It is too early to say if it will see the light of the day- if it will get through the committee and get on the calender and finally get on the floor.

    It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.

    It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.




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  • nozerd
    01-18 12:54 PM
    Only Primary applicant needs to take it for sure. Even for US immigration you could be NIW candidate but your spouse may be illiterate still she will also get GC.



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  • radhagd
    05-15 12:14 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.




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  • prem_goel
    01-29 11:02 AM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?

    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P



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  • desi3933
    08-25 11:58 AM
    Hi there,

    My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.

    She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).

    My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Thanks,

    >> even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Yes. But she may need to use EAD in that case. Please check with your lawyer.

    _________________
    Not a legal advise.




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  • sunny1000
    06-11 02:31 PM
    I am in my 8 yr. Have a H1-B approved Untill 2008 Dec

    Have a EB3 Approved Labor and 140 from Company A.

    Now as of today if I move to Company B ...

    Question :

    Can I get a 3 yr Extension based on Company A (140 Approved )
    that is from june 2007 to june 2010

    OR

    Do I get my H1-B untill 2008 Dec ?
    ----

    When I move to Company B is there anything that I have be aware off as
    I am planning to pally Eb2 and move the PD from company A
    My PD : EB3 Jun 2004

    Thanks Thanks Thanks Thanks


    You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

    This is just my view. There might be better ways but, that is the only one I can think right now.



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  • when
    02-29 10:23 AM
    The online status shows a date Sept, but my app was received in July. Is that normal?




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  • hianupam
    04-26 08:17 AM
    I'll. I am big foodie (from all places)...
    We moved from Allentown, PA to Houston in 2008. As some of the other IVers have alluded, Houston is a BIG city (if you include the burbs that is). Most of the major roads are backed up during peak traffic hours and typical commute time start to be measured in hours.
    Finding a place to live in Houston (read buying a house) can be a tough decision when you have so many choice. Things can be complicated if your spouse works and you have school going kids.

    Some terms you will hear when you talk about location in houston:
    1. Inside the Loop (610) which is the ring road that encircles downtown houston and the medical center. If you are not in the energy corridor, you are most likely to work within the loop. However finding a place to live within the loop can be challenging (that is if you are looking for a house in the sub 1 mil category). Good neighborhoods within the loop are riveroaks, memorial. There are some decent neighborhoods in the medical center montrose area but the schools (publlic schools) may not be to your liking.
    When we moved, we initially rented near the medical center (a highrise called mosaic, opposite herman park) and put our daughter in a daycare called Creme De La Creme in downtown.
    2. Inside the Beltway (8) which is the outer ring road that encircles houston. You have to be really careful if you choose to live in the area between 610 and 8 as there are some very shady areas. West (along I 10) is mostly fine.
    3. Outside the beltway is where you have most of your master planned communites (read burbs). Down south (along 59) you have sugarland. West (along 10) you have Katy (and most of the energy companies). Northwest (along 290) you have Lakewood, Tomball (along 249), spring cypress etc. North (along 45) you have woodlands northeast (along 59 north) you have spring, kingwood and east (again along 45 east) is League City (read NASA).
    The main things to consider are (at least I did when I bought a house)
    1. Safety : There are some very shady parts of town.
    2. School District (ISD)
    3. Commute : Both current and future (if you were to change your place of employment). Say now you work downtown and chose to live in sugarland and a year later you found yourself a Job in the woodlands, you will have to move or deal with a 2 hour 1 way commute !
    4. Availability of public transport: Which in most cases is non existent in Houston. But they do have a good commuter bus system from several places in the burbs if you work downtown. Lots of employers that have offices downtown will subsidize this. This can be a decent chunk of change as parking downtown will typically run you about $200/month.

    These are the salient points that I could think of.

    Let me know if you have more questions. PM me if you guys are visting Houston in the near future.



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  • blacktongue
    10-14 03:23 PM
    So basically it is idea without a timeline and no actual document prove?




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  • h1bemployee
    02-26 10:41 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

    I was working on getting those documents, I was in constant touch with my employer...

    two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl



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  • krishnam70
    02-22 12:48 PM
    This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

    I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

    I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

    I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

    Thanks a lot - your help is much appreciated!

    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.

    Do not want to spread the panic but ....Be careful..

    - good luck
    kris




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  • daishwarya
    07-23 03:05 PM
    Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...



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  • akr_roy
    07-16 07:09 PM
    Lets not count the chickens before they are hatched. Its entirely plausible that if anything favourable comes up, its due to combined efforts. Lets not fight out yet, as if we havent seen anything concrete yet.

    cheers




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  • brb2
    04-02 11:43 PM
    Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:

    http://darwin.nap.edu/execsumm_pdf/11463.pdf

    Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.

    IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.



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  • gsc999
    04-19 11:30 AM
    Atleast, Janak was bold enough to be straight forward.




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  • jonty_11
    07-05 04:51 PM
    Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.
    and u dont have to get h1 visa appt (unless u ahve already booked it)....if u have any VISA in passport that is expired....u can use auto reval...

    assuming u have a VISA (expired) and didnt jump the fence.




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  • waitnwatch
    01-03 01:29 PM
    I got my H1-B renewed in November from Kolkata.....I had to submit additional information under 221(g). The consular officer specifically told me that it takes about 2 weeks and that was exactly what it took.

    One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.

    I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..




    rajs
    04-04 03:43 PM
    my case is pending from 2004
    visa numbers for PD are current but still no action on my case
    i dint even get a reply for the enquire i made in Jan 2009
    so for me its like a showoff story by USCIS :confused:




    Joybose
    08-14 02:58 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
    Hey, which service center, Texas or Nebraska.



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