vdixit
04-22 03:09 PM
Hello,
My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
I am a little worried, should they be waiting until the visa arrives or make a move now?
Has anyone faced this issue and if yes any advice on how to correct things.
My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
I am a little worried, should they be waiting until the visa arrives or make a move now?
Has anyone faced this issue and if yes any advice on how to correct things.
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enggr
10-12 12:37 AM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
mdcowboy
04-28 05:48 PM
Texas also planning to join the bandwagon..
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:
In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:
In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.
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kbsyed61
04-23 02:20 PM
June 31?
more...
krishna_brc
10-27 01:13 PM
Thank you.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
Our's was fresh application and paid full fee.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
Our's was fresh application and paid full fee.
titu1972
10-29 02:06 PM
You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Yes... It will say "Work Authorization Only".
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Yes... It will say "Work Authorization Only".
more...
fatjoe
10-31 12:46 PM
Didn't they stopped issuing interim EADs half an year ago?
It was stopped. I went to the local office and found that.
It was stopped. I went to the local office and found that.
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fide_champ
12-20 11:05 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
more...
chanduv23
04-23 09:17 AM
If you find this on your 140 approval notice
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
Then it is EB2.
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
Then it is EB2.
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raysaikat
03-17 03:46 PM
(I am not an attorney)
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
more...
visves
07-04 06:55 PM
Congratulations!! Enjoy your freedom!
There is hope....
There is hope....
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ashokmohan
06-07 01:55 PM
Transaction ID: 7WK494028G568634H
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ras
04-03 01:16 AM
The letter is dated as
Date: Jan 8, 2008
and it mentions at the end
'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'
so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.
If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?
The reasons for delay are financial adjustments.
He is now going to send the tax returns for 2007 which has been asked.
Date: Jan 8, 2008
and it mentions at the end
'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'
so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.
If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?
The reasons for delay are financial adjustments.
He is now going to send the tax returns for 2007 which has been asked.
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AreWeThereYet
08-18 02:02 PM
sp99, who is your internet service provider? For about 8 channels, you are paying ~$50. Do they also have any regular US local channels included in this package? The reason I am asking this question is that they charge about $50 for a few indian channels + other regular HD channels, if you get the dish from them. I understand that the iptv is for folks like me that can not install dish in the building. I am just trying to compare the price. Also, could you tell us if you had to sign a contract too?
Appreciate your response.
Hello Folks,
I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...
Appreciate your response.
Hello Folks,
I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...
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gcformeornot
01-03 11:15 AM
^^^
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maco
08-10 11:09 AM
I got the info from my friends attorney.
i want to verify it with my attorney but he is not lifiting phone. he is too busy
i want to verify it with my attorney but he is not lifiting phone. he is too busy
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smiledentist
10-21 04:55 PM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
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feedfront
09-15 05:39 PM
Yes I got RFE like 1 month back about employment verification...
As 'sanju_dba' said, you should celebrate your freedom here as we appreciate this freedom more than anybody.
Congrats again and enjoy!!!!
As 'sanju_dba' said, you should celebrate your freedom here as we appreciate this freedom more than anybody.
Congrats again and enjoy!!!!
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InTheMoment
02-05 06:53 PM
Good, the doc is moving along well to the observership which is a way to build brownie points in one's resume when applying for the residency match. It is a different issue, nevertheless, that several good hospitals do not bother to consider observership as a significant credential when assessing candidates for residency.
As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.
Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.
As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.
Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.
gparr
July 27th, 2005, 06:25 PM
Ajp, your too hard on yourself, I think your version turned out great. Gary, how about a psd version for the nikon users, although I may be wasting my time since you've several nice results from those who have posted.
Nik,
Ask and you shall receive. It's a 40 MB monster file. I took the RAW file and ran it through the PSCS RAW converter without altering it in any way, then saved as a psd file. Hope it's what you need.
Gary
http://www.gparr.com/images/gparrpsd.zip
Nik,
Ask and you shall receive. It's a 40 MB monster file. I took the RAW file and ran it through the PSCS RAW converter without altering it in any way, then saved as a psd file. Hope it's what you need.
Gary
http://www.gparr.com/images/gparrpsd.zip
extra_mint
09-15 01:11 PM
Congratulations ....
wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy
wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy
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