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Wednesday, June 8, 2011

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  • mirchiseth
    05-29 08:51 AM
    When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says

    Paroled until 02 Jan 2009

    My question is which expiration date should use for renewal purposes and apply the 120 day rule.

    Please let me know.

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  • Prashanthi
    05-08 04:15 PM
    Yes you could request that the same I-485 be used for your new I-140, as one member has suggested, you could also ask for the priority date of the old I-140 to be ported to your new I-140 if you are worried about priority dates for EB-1. Provided the old I-140 is not revoked.

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  • gondalguru
    09-02 07:31 PM
    I got 2 red dots for this .....Crazy people

    I will give you one green to compensate.

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  • arunoman
    04-10 02:41 AM
    Check with your attorney probably you can appeal to re open your case if you are sure that you have responded to the RFE "on time". Its very much possible.


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  • ragz4u
    02-17 11:30 PM
    If you are on H1B visa and hoping for a green card, get ready to walk to work.

    A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
    This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html

    If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).

    But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
    And do not forget the grocery store.....make sure its nearby...
    The list is endless.

    And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?

    And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!

    <Sarcasm>So why not have a proposal to modify the H1B application form and add a question

    Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?

    Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....

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  • panky72
    06-19 03:43 PM
    As far as I know, NO he cannot.

    That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.


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  • raysaikat
    08-28 05:09 AM

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~

    You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.

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  • ck2009
    06-19 12:17 AM

    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.


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  • permfiling
    09-07 11:49 PM
    I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
    With Employer B, I have an approved EB2 140, but the priority date is in 2007.
    What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?

    I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.

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  • EB3_SEP04
    06-30 09:48 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.


    You will need to send your application to TEXAS because you live in NJ. It does not matter 1. where you sent it last year 2. what service center approved it last year 3. if your EAD card # starts with LIN/EAC/WAC.

    Please do not get confused, stick to what the latest instruction document says:


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  • Winner
    10-11 09:12 PM
    Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.

    These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.

    I know there are some members in this forum who will try to shout you down and make you quite.

    But I feel if one believe in what is right then one should go ahead irrespective of what others think.

    Now that you have left your abusive employer, would you mind disclosing your ex-employer information?

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  • dealsnet
    01-05 08:16 AM
    If your extension paper come with I-94 attached, take it and staple it on your passport. (That is your new I-94). White paper need to keep in safe place. If it is expired, no value for it.


    I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.

    Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.



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  • ronhira
    10-11 07:41 PM
    poorslumdog is tunnel rat

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  • qasleuth
    05-06 12:51 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

    As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?


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  • paritp
    03-04 04:34 PM

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


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  • shukla77
    06-12 10:07 PM
    Got exact the same RFE for me and my wife. Will see what happens next week.

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  • kshitijnt
    04-26 03:40 PM
    Thanks so much for the responses.

    I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.

    "As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."

    Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?

    Thanks again.

    The change of status would have been effective in october. You do not need to inform USCIS until september. As a matter for your benefit, avoid it telling to USCIS until september. Check with previous company's lawyer if they applied change in status. The attorney will tell you that. I-94 that comes with H1 status change, and is your property and you can demand that from the company. If they do not cooperate, inform USCIS anyway.

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  • willwin
    08-11 11:23 AM
    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?

    Sorry guys!

    I overlooked it.

    How do I modify a poll?

    I can add two more entries in my poll.

    08-01 08:06 PM
    guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..

    The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....

    She has so much power, she should lobby for visa recapture

    I don't think the main goal of Ms Lofgren is to lower the fees. She tries to find out what USCIS is going to do with the extra money, something they haven't been clear about. If it was about the fees, she could have proposed this bill weeks ago. The timing (at the last day the old fees were valid) is intended to put more pressure on the USCIS, because they will have to start refunding applicants if the bill is approved and they don't provide the information asked for.

    11-05 01:02 PM

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