FinalGC
06-15 12:53 PM
Experts:
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
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Munshi75
12-25 01:40 PM
My take on this issue is that , for a non-profit institution the minumun wage determination for LCA is not based on the market rate but infact depends on the internal salary rate for the employees in the same organization at similar levels .
Hope this helps.
A
Hope this helps.
A
ksairi
07-31 10:21 PM
http://lofgren.house.gov/PRArticle.aspx?NewsID=1819
July 30, 2007
Washington, D.C. � Rep. Zoe Lofgren (D-San Jose) today introduced a bill to void the recent increases in immigration fees by U.S. Citizenship and Immigration Services (USCIS). The bill would void the new fee structure set to take effect today and reinstate the previous fee structure. The bill also states that USCIS has consistently failed to reduce application backlogs and has suffered from a lack of transparency and effective management.
�Our immigration services need to move into the 21st century,� stated Rep. Zoe Lofgren. �But, USCIS has consistently failed to explain or justify the amounts and distributions of this new fee increase. While I agree that USCIS needs to modernize its existing infrastructure and procedures, they must do so in a transparent and open manner. After repeated requests over several months, USCIS has yet to provide Congress with a detailed plan for its infrastructure modernization efforts. Our immigration system should be both effective and fair; sacrificing one to achieve the other should not be an option.�
Congresswoman Zoe Lofgren is serving her seventh term in Congress representing most of the City of San Jose and Santa Clara County. She serves as Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. She also Chairs the House Administration Subcommittee on Elections and serves on the House Homeland Security Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 34 Democratic members of the U.S. House of Representatives from California.
July 30, 2007
Washington, D.C. � Rep. Zoe Lofgren (D-San Jose) today introduced a bill to void the recent increases in immigration fees by U.S. Citizenship and Immigration Services (USCIS). The bill would void the new fee structure set to take effect today and reinstate the previous fee structure. The bill also states that USCIS has consistently failed to reduce application backlogs and has suffered from a lack of transparency and effective management.
�Our immigration services need to move into the 21st century,� stated Rep. Zoe Lofgren. �But, USCIS has consistently failed to explain or justify the amounts and distributions of this new fee increase. While I agree that USCIS needs to modernize its existing infrastructure and procedures, they must do so in a transparent and open manner. After repeated requests over several months, USCIS has yet to provide Congress with a detailed plan for its infrastructure modernization efforts. Our immigration system should be both effective and fair; sacrificing one to achieve the other should not be an option.�
Congresswoman Zoe Lofgren is serving her seventh term in Congress representing most of the City of San Jose and Santa Clara County. She serves as Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. She also Chairs the House Administration Subcommittee on Elections and serves on the House Homeland Security Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 34 Democratic members of the U.S. House of Representatives from California.
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crystal
11-12 04:28 PM
yes
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
more...
singhsa3
08-11 08:50 PM
Have you thought about becoming a volunteer for IV?
all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
H1B-GC
06-18 11:14 AM
Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? Paid the Biometric Fee last year when the Travel Document was Applied for the First Time.
more...
needlotsofluck
07-24 08:59 PM
My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.
My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.
My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.
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jessy-james
03-26 03:44 PM
I have got my EAD, and my application was filed in EB3, 2005 in perm.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
more...
lagsam
05-19 03:31 PM
If they are have not reniewed their EAD then they cannot work.
With regards to their status, it is still AOS. It is not affected.
If I were you I would renew their EADs so they could continue working.
With regards to their status, it is still AOS. It is not affected.
If I were you I would renew their EADs so they could continue working.
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roseball
10-10 11:15 AM
I had a 10 AM appointment a couple of weeks ago and I went there at 9:30 AM and the waiting room was almost full.....But by 11 AM, there were very few people left and no new people coming in..So I was wondering they dont schedule appointments after 11 AM...Maybe they have appointments afternoon...So 11 AM should be a good time to go in....I am sure there will be a lot of people in the morning hours....
more...
kpchal2
08-27 10:53 AM
I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.
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TwinkleM
07-02 02:16 AM
If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...
Pls. correct me if I am wrong...
Pls. correct me if I am wrong...
more...
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hibworker
02-05 10:07 PM
Thanks @hibworker
Have you tried this option before.
Yes - it is quite smooth.
Have you tried this option before.
Yes - it is quite smooth.
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jackhardy
02-09 09:32 AM
The next set of people who decide to write to the President should send him flowers as well. Also there is a DC based org called SAALT who wants to hear our stories + struggles and working to effect policy change on a national level.
Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)
Lets participate in this too.
Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)
Lets participate in this too.
more...
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rbalaji5
01-11 01:35 PM
Thanks Gc2 for useful information. I will the family class.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
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Blog Feeds
11-30 03:21 AM
People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.
A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.
As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.
Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.
Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.
More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)
A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.
As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.
Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.
Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.
More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)
more...
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bsbawa10
04-17 09:44 AM
Looks like nobody replied or liked the idea. How can I delete the thread ?
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aniraj
02-07 01:10 PM
Just for the information & thought would share the experience:
My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
Rest was all well without any issues.
Thought would help all those who wanted to know.
My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
Rest was all well without any issues.
Thought would help all those who wanted to know.
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ravageguy1
05-13 09:53 PM
Thanks for your reply. I am waiting on the RFE to be received to see the content of it. I am hoping they will provide new deadline. Any ideas avoiding out of status is appreciated.
Thanks again,
Raj
Thanks again,
Raj
BMS1
11-04 01:15 AM
That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.
wandmaker
09-25 04:10 PM
I have a valid H1-B visa till November 2011from Company A. I joined Company B in July 2009. I have got my Company B approval notice I-797 from USICS.
Due to my fathers health I'm travelling to Pakistan in October for a one week vacation. I have my approval notice from Company B and the visa transfer is done. My new approval notice is till June 2012.
My question is do I have to go for stamping when I go to Pakistan because I changed companies even though I have a valid visa from my previous company and an approval notice from my current company?
I will highly appreciate your Quick help in this regards.
Thank you very much.
You can travel using A's stamped visa, you do not have to go for stamping. Show your A's visa stamp and B's approved 797 at POE when you return. POE officer will issue I-94 validity up to B's 797 expiry date. Also, carry recent paystubs and employment verification letter to be safer.
Due to my fathers health I'm travelling to Pakistan in October for a one week vacation. I have my approval notice from Company B and the visa transfer is done. My new approval notice is till June 2012.
My question is do I have to go for stamping when I go to Pakistan because I changed companies even though I have a valid visa from my previous company and an approval notice from my current company?
I will highly appreciate your Quick help in this regards.
Thank you very much.
You can travel using A's stamped visa, you do not have to go for stamping. Show your A's visa stamp and B's approved 797 at POE when you return. POE officer will issue I-94 validity up to B's 797 expiry date. Also, carry recent paystubs and employment verification letter to be safer.
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