ajay
12-31 09:58 AM
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
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Bhadwaj
07-15 07:48 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
surya.kant
06-19 01:16 PM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
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wandmaker
07-19 04:01 AM
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
more...
gcfriend65
12-06 09:27 AM
I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.
Is there anyone out there, who know how to track this service requests or have any experiences with them.
Is there anyone out there, who know how to track this service requests or have any experiences with them.
starscream
04-21 06:28 PM
Sid,
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
more...
ssss
05-18 12:56 AM
Your question is not clear. "her green card expires on the 21st of august"
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
Probably he is talking about the conditional green card one gets after marrying a US citizen
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
Probably he is talking about the conditional green card one gets after marrying a US citizen
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diptam
07-05 08:56 PM
I do NOT understand about AILA's lawsuit if the packages don't come back.
But as long as you can reproduce the Originals you should be able to file
485 again if your PD becomes CURRENT - Why Not ??
Is there any law which says that unless you get back 485 rejected you can't
file again. I dont think so.
But as long as you can reproduce the Originals you should be able to file
485 again if your PD becomes CURRENT - Why Not ??
Is there any law which says that unless you get back 485 rejected you can't
file again. I dont think so.
more...
Billboard
08-07 04:53 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
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bang
04-06 10:51 AM
Sorry to hear about your dad's health.
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
You are eligible for a Emergency Appointment as long as you are returning to work in US (H1B), dont worry, just go you can get an emergency appointment without any documentation required.
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
You are eligible for a Emergency Appointment as long as you are returning to work in US (H1B), dont worry, just go you can get an emergency appointment without any documentation required.
more...
RobAllan
03-24 10:38 AM
Chandu
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
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chandupatla
02-25 10:35 AM
Is it required SSN... I am on H4..I don't having the SSN... I search the MVA site but they asking SSN..Is it necessary?
more...
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amsgc
02-07 09:14 PM
AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
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jhaalaa
03-28 12:31 AM
1. If you go to the DMV please ensure you carry the complete papers. The folks are good but would not approve just on the basis of a receipt notice or letter from the attorney or employer..... You need a presently valid visa(H1/H4/whatever is your present status) approval notice.
2. The DL would be granted only upto the last date of the visa approval period.
3. OK Folks are very nice and cooperative. (NJ folks were not bad either but OKies are nicer ;-)
Stating above based upon personal experience as I had to stay at home for 10 days because the H1 renewal did not arrive on time.
2. The DL would be granted only upto the last date of the visa approval period.
3. OK Folks are very nice and cooperative. (NJ folks were not bad either but OKies are nicer ;-)
Stating above based upon personal experience as I had to stay at home for 10 days because the H1 renewal did not arrive on time.
more...
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lvinaykumar
04-12 12:33 PM
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Tommy_S
04-08 03:02 PM
Yup, the text "suffers".
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mirage
07-11 01:29 PM
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
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dhesha
08-20 07:08 PM
Just curious any July 2nd filler , filled at NSC with an approved I-140 and have PD earlier than 1/1/06 still waiting?
yes I am. Dec 2005, NSC, I-140 Approved -- waiting....
yes I am. Dec 2005, NSC, I-140 Approved -- waiting....
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franklin
07-27 08:45 PM
Based on my recent experience - H1 B 1 year extension, not 3 years, was based on the approval date, not receipt date of the application. :o
However, to be safe, I guess after Aug 17th is a pretty good bet
However, to be safe, I guess after Aug 17th is a pretty good bet
seahawks
07-26 11:32 PM
For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?
jazz
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
jazz
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
franklin
07-17 10:28 AM
Welcome to the board folks.
I can't believe our membership numbers either! Please do help to contribute - everything helps!
I can't believe our membership numbers either! Please do help to contribute - everything helps!
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