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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.




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  • rsrajendran
    07-19 01:05 PM
    Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..

    In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.




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  • billu
    08-06 06:15 PM
    Folks, Let us not use this forum for non-immigration matters.

    i have seen numerous posts in his forum about finances, real estate, phone cards, exchange rates,courier services and even jokes.....whats wrong with asking a fellow desi's opinion on indian channels under interesting topics??we live in an area mostly populated by americans and do not have any desi people around. i thought this was a good forum to take opinion of fellow desis. if you think it is against the forum rules, you can take this off.




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  • gcformeornot
    04-30 09:21 AM
    out... that's from yesterday....



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  • sky7
    07-28 10:02 AM
    I was reading some latest info about I140 & I140 Premium Processing at
    http://www.murthy.com/bulletin.html

    it stated

    In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).

    So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:

    Anyone knows?

    Thanks..




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  • iam4u4ever
    06-04 06:02 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?



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  • krishnam70
    08-27 06:01 PM
    Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.

    NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.

    I'm almost done with my Canadian PR process and moving with my family to Calgary in October.

    I am from india and a Canadian PR holder who has done successful landing. I did not provide a police certificate from India. I had lived in the US 4 years before I applied for Canadian PR .If you are applying from the US they do not require you to provide the PC certificate I think. May be you are correct about FBI verification, it used to take 3 weeks to get the fingerprints certified from FBI ( As i said the instructions are on the form so did not elaborate further on that). No phone correspondence with consulate is encouraged/possible during the wait time, all inquiries need to made using the fax/regular mail quoting your file number for reference and yoy will get response. CAIPS is a good way to see the progress but i guess u still need to wait 52 weeks either way to get started.

    cheers




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  • grupak
    12-10 09:47 AM
    there is a way to contribute less than $100

    Use paypal and send any amount you like to
    donations at immigrationvoice dot org

    Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100

    Please post contributions on the main fund drive page, and motive others.



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  • vfwlkr
    04-08 03:16 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006




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  • k_usa
    12-16 11:32 AM
    DMV people just look at the expiry date.

    As pending 485 do not have expiry date they won't accept it as status.

    We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.

    Lets make a list of DMVs not accepting pending 485 as valid form.



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  • duttasurajit
    10-17 05:53 PM
    See this link:

    http://www.onetcodeconnector.org/ccreport/11-3021.00

    It says that "Computer Programmers" is a related occupation. Can I not accept this designation.

    Also, what if the job title varies as "Application Architect" but the job duties are similar?




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  • izolo
    06-07 06:26 AM
    first sorry for multiple posting, it was by mistake as it was the first time posting. then thanks for the answers. Of course it is a real job with real payment, just remember my application goes back to 3 years ago and and I finally got it with lots of efforts to keep this opportunity. I never thought they might give the visa just for 3 months. now I have to think about all options. Does anybody have any other suggestion?



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  • Macaca
    02-06 06:43 PM
    How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?

    Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?

    Sorry I am a moron.




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  • mrjonie
    03-09 05:20 PM
    Received by USCIS on June 4th 2007. Have been waiting since.
    So 400+ days for me too...

    I totally agree with all you guys on the delay in 140..I was also in the same situation...Applied 140/485 in the July/August 2007 fiasco in EB3 (PD Dec 2006) ..After a long wait, received a mail on Feb 26th 2009 , stating that my 140 is approved...

    Good luck to you follks..lets hope for the best...



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  • amit_sp
    03-27 03:47 PM
    I went to Vancouver consulate in Jun 2006 and had very good experience. My appointment was at 8.00 am and I was out of the consulate by 9.00 am. The officer asked me which company I work for and my job description. No questions were asked to my wife. I have also been to Toronto and Montreal consulates in last 3 years for the visa stamping; however Vancouver staff was most friendly. I got my passport the next day.
    However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.




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  • vinay076
    10-31 10:27 AM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:



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  • imm_pro
    05-20 01:13 PM
    http://www.humanevents.com/article.php?id=26605

    looks like the Agjobs amendment tagged to this bill is drawing lot of attention and negative publicity..

    This is why we keep close watch on Congress. In a bipartisan effort accomplished quickly and virtually under the table, Sens. Diane Feinstein (D-Calif.) and Sen. Larry Craig (R-Idaho) -- in Senate Appropriations markup of the War Supplemental bill -- obtained approval of an amendment that would create an amnesty for illegal alien farm workers. The measure, called the Emergency Agriculture Relief Act, was added to the War Supplemental bill in a 17-12 vote last Thursday.

    Known as the AgJob amendment, the Feinstein-Craig measure revived instantaneously the controversy that caused conservatives to lash out at the White House and Congress last summer.

    The measure would grant temporary legal status to 1.35 million illegal immigrants and their families currently working in the agricultural field. The legislation was passed out of committee at the request of agribusiness interests who have been insisting that they need illegal aliens to harvest crops and run horse shows. The legislation is nothing less than �comprehensive immigration reform� on a smaller scale.

    What supporters of the amendment are calling �emergency� and �temporary�, opponents have labeled an �amnesty visa.� Sen. Robert Byrd (D-WV) said he considered the amendment amnesty and that �all these immigration issues should be addressed through the regular order."
    Sen. David Vitter (R-La.) opposes the amendment and said he will be working to remove it from the supplemental bill.

    �Instead of ensuring that American troops are provided with the tools and resources that they need to protect our homeland, some in the Senate have instead chosen to jeopardize this funding by inserting provisions that are -- at best -- counterproductive to the efforts of our military members,� said Vitter in a press release.

    According to Feinstein, the legislation is supported by the American Farm Bureau, the United Farm Workers, and other similar organizations but this is likely because it allows those employers to continue paying excessively low wages.

    Feinstein assured the Appropriations Committee that the bill was not an amnesty because it requires the individuals work at least 100 days a year in the agricultural industry for the next five years.

    �It is an emergency agricultural worker bill, which will give protected status to those workers who have worked in agriculture within the last 48 months,� she said, also noting that the U.S. would lose $5-9 billion to foreign competition without it.

    Those are the same arguments that we heard last summer. In truth, Feinstein-Craig DOES provide amnesty for an unknown number of illegal workers. It provides, as the Bush-McCain-Kennedy bill did, a path to citizenship for some illegal aliens.

    The amendment will go through the Senate this week as they consider the Iraq spending bill as a whole. At this writing, it isn�t clear that Senate Majority Leader Harry Reid (D-Nev.) will bring the measure to the floor for a vote.

    NumbersUSA, an organization fighting illegal immigration, called the amendment �outrageous� and urged constituents to contact their political leaders. They noted that because families can also obtain temporary legal status through the amendment, it could reach almost 3 million people.

    �The most important point to stress is that there is no need for an amnesty to provide growers with workers�there already is an H-2A foreign agricultural worker program that provides growers with an unlimited number of temporary workers if the growers agree to pay a decent wage and ensure that they go home at the end of the season,� said NumbersUSA news release.

    Some farming organizations, like the Northwest Growers Association, not only support the measure but don�t think it does enough. They claim the AgJobs amendment doesn�t do enough for illegal aliens because it includes an �unrealistic visa cap.�

    But the H-2A visa program exists and works without a cap. While Craig and others claim �oranges are rotting� on trees and needs illegal aliens to tend to our agriculture, places like the North Carolina Grower�s Association (NCGA, spotlighted on Michelle Malkin�s blog), oppose the amendment and have fared well with H-2A. NCGA utilizes H-2A to its fullest capacity as other agricultural organizations do not.

    Additionally, AgJobs would maximize H-2B visas (lower skill, non-agricultural seasonal workers) and push an influx of more illegal immigrants, which clashes with what the American people want. They demonstrated their disapproval of amnesty proposals last year by a bipartisan grassroots effort to kill the immigration reform bill of 2007.

    Sen. Barbara Mikulski (D-Md) also slipped in an amendment supporting illegal immigrants in the supplemental bill. Mikulski hopes to extend a program for temporary workers to re-enter the country without being subject to the limits on H2B visas. In a Congress Daily article, she said, "If you like Maryland crabs, vote for this amendment.�

    "It seems that the members of the Senate Appropriations Committee love our troops�but for entirely different reasons: they provide convenient cover for passing special interest legislation to benefit illegal aliens and powerful business lobbies," wrote Ira Mehlman, Media Director of the Federation for American Immigration Reform (FAIR) in an opinion piece yesterday.

    Mehlman also reported that Sen. Patty Murray (D-Wa.) added a provision that would include 218,000 visas for skilled foreign workers. Part of the problem is this: Right now, America�s population is 300 million. At the rate we are going with illegal immigrants (sped up by amendments like these), the US Census Bureau estimates the population will be 450 million by 2050. If a Democrat, entitlement-oriented government sinks its teeth in, taxes will be higher than ever and freedom will be in jeopardy.

    The Senate will begin debate on the supplemental bill tomorrow and is likely to vote on it before the end of the week. Some Republican senators -- including Alabama�s Jeff Sessions and others -- are working hard to expunge the illegal alien amnesty provisions. The only thing that may save the day is that the Democrats are including many of the antiwar measures that the president has vetoed in previous bills. If the bill passes, it�s likely to be vetoed.

    And Congress will be back to ground zero after Memorial Day.




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  • dingudi
    05-08 08:42 AM
    I had all my records for vaccinations. But a friend of mine completed 3 vaccinations last july 2007. The civil surgeon put the dates for these on the form. For others the civil surgeon did the same thing , that he checked the "not appropriate age" but did not write anything like "child record not found" under the dates.He just left it blank. Also he checked the "eligible for waiver" in the field below. I am sure lot of cases are similar to yours.



    I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .

    We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.


    Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?

    With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.


    Please suggest how we can handle the Medical RFE ?




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    05-31 11:50 AM
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    jcrajput
    07-21 03:51 PM
    We are planning to travel India and getting stamped at Mumbai (H1, H4). After taking an appointment, how to send papers to Mumbai consulate from USA? I heard that someone has to go personally to submit the papers. Also, should we send papers to VFS or US Consulate?

    Can anyone please guide or help?
    Thank you so much.
    Jignesh




    optimystic
    04-22 03:51 PM
    That particular date of July 11 at NSC is for EB I-485 !

    Hey that was my hundred...and lo behold I am a senior member now :) ....I was hoping to save my 100th post to share a positive news that I got my GC or something. But it was probably too much to expect I guess :D



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