Saturday, June 11, 2011

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  • sukhmeet
    05-11 02:08 AM
    Hi,

    My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.

    Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.

    So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.

    So in Summary
    Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).

    Here are some of the benefits my company provides to its employees:

    1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
    2. Employer contribution to 401 K.
    3. Payed Vacations, sick and personal leaves
    4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
    5. Tutions and certification reimbursements.

    We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.

    My concerns:

    My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:

    a. Filing h1b extensionfor first time is a problem? can there be concerns?

    b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?

    c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
    h1b extension.

    d. Shall we file for my extension asap ?

    I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.

    Any comments would be greatly appreciated.

    Regards.





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  • ibmguy
    04-07 04:48 PM
    I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.





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  • immigrationvoice25
    01-24 12:26 PM
    Sudha -
    I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.

    You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members

    http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html


    Best of luck!





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  • PD_Dec2002
    03-08 11:18 PM
    Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

    I am also copy pasting the same content if you cannot open my link.

    How to record departure from the United States after the fact.
    Question: I did not turn in my I-94 when I left the U.S., what should I do?
    Answer:

    If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

    If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    * ACS - CBP SBU
    * 1084 South Laurel Road
    * London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    *
    Original boarding passes you used to depart the United States;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:
    *
    o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    o Dated bank records showing transactions to indicate you were in another country after you left the United States,
    o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    Regards,
    Jayant



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  • istrategist
    03-25 10:13 AM
    Thanks h1bworker! I had a call with their immigration lawyers

    AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.

    The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.

    My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...

    Don't know if there are any other options - may post this as a separate question.


    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.





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  • jcrajput
    12-31 08:44 AM
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?

    Your help is greatly appericated.

    Thank you.



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  • chintu25
    10-02 07:02 PM
    Bump





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  • puskeygadha
    01-13 03:29 PM
    oaktree

    I am live example..
    my perm was denied..and we filed MTR which has not gone through yet
    then my company filed another perm but for a different position and
    description..that got approved..

    i extened H1 with MTR but lost my priority date..which does not matter to me
    since i am EB2 and Rest of the world...just incase my MTR gets accepted
    i can use that PD



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  • indyanguy
    06-07 07:32 PM
    any help?





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  • kshitijnt
    05-05 12:36 AM
    No problem using AP through germany. I travelled in Jan 2009. No issue whatsoever. No one bothered to check any document.



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  • iv_newbie_2007
    06-16 10:06 PM
    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    ----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.





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  • arunkotte
    02-14 04:14 PM
    MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.



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  • kaisersose
    01-02 02:03 PM
    All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
    Ist Question
    I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
    I will really appreciate the help.

    IInd Question:

    For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?

    You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.

    As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.

    There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.





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  • meridiani.planum
    07-19 02:10 PM
    Hi Leoindiano:

    What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.

    my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.

    Can you enlighten us little bit more.

    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.



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  • tinuverma
    10-23 07:37 PM
    yeah.....Tuscon...sorry
    I live in OKC...so Tulsa comes by default.





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  • chanduv23
    09-14 02:14 PM
    Lets all compliment people coming from coast to coast

    North west
    North East
    South West
    South East
    Central

    PEOPLE FROM ALL OVER THE COUNTRY ARE COMING FOR THE HISTORIC EVENT

    LETS ALL MAKE IT TO DC



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  • lazycis
    12-03 10:20 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.





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  • Lost
    04-13 09:12 PM
    Yea you are so right Yeld. I just picked up one from a clan on Rainbow Six 3. (their in first place, lol) So i can build a portfolio based on that.





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  • HRPRO
    02-09 01:31 PM
    You will have to file an amended petition to be in compliance.

    The PW could be different and you can check that on the OES website at flcdatacenter.com

    Hope this helps.





    Administrator2
    03-01 11:32 PM
    Here is Part-4 of the study titled - America's Loss is the World's Gain: America's New Immigrant Entrepreneurs.

    This study is scheduled to be released tomorrow. Here is the link.

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1348616

    Excellent work!





    MerciesOfInjustices
    02-19 02:51 AM
    DLs are all managed at State level, but there is an effort to standardize it. My wife applied for DL/Learner's permit in AZ. We had H4 valid thru Aug 31, and an extension starting Sep 1, but they refused to give us the extended period. Their explanation - the software would not allow it. They could not enter information based on 2 documents because the Notice of the extension did not become effective till Sep 1. We had to go back & get it extended, and they did it without another test. But we had to pay another fee.
    And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!



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