Krish797
07-25 12:23 PM
Hi,
I got H1B visa approved and got I-797 last year for 3 years. Now, could you please advise me, what is the maximum time limit to get the H1B stamped in the passport from the date of issue of I-797.
I got H1B visa approved and got I-797 last year for 3 years. Now, could you please advise me, what is the maximum time limit to get the H1B stamped in the passport from the date of issue of I-797.
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va_dude
11-09 11:36 AM
This is the wording i saw at the embassy site:-
"Foreign-born minor children are not eligible for OCI if both the parents are Indian citizens holding Indian Passports."
So its clear that if both parents are indian citizens with indian passports the kid cannot get an OCI and has to get the PIO instead.
"Foreign-born minor children are not eligible for OCI if both the parents are Indian citizens holding Indian Passports."
So its clear that if both parents are indian citizens with indian passports the kid cannot get an OCI and has to get the PIO instead.
Eden
03-15 12:49 PM
My mother-in-law would like to get visitor visa.
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
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Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
more...
arnet
11-21 03:09 PM
thanks
JA1HIND
02-06 08:34 AM
It looks as though they have updated their page. Previously they were suggesting people apply 180 days in advance.
You are right a month ago it used to say 180 days as I have a print out and now it say's 120 days...since we are dealing with notorious USCIS who are very popular of doing such silent updates and there won't be any track of updated time stamp or date stamp anywhere on this website...(which is another useless page) I guess they do it on purpose and not sure if you remember recently how they changed dates for NSC & TSC for 140 processing dates etc....
You are right a month ago it used to say 180 days as I have a print out and now it say's 120 days...since we are dealing with notorious USCIS who are very popular of doing such silent updates and there won't be any track of updated time stamp or date stamp anywhere on this website...(which is another useless page) I guess they do it on purpose and not sure if you remember recently how they changed dates for NSC & TSC for 140 processing dates etc....
more...
chanduv23
02-07 02:34 PM
Trying my best.. Spent over $70 in stamps so far.. more to come
Great stuff.
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Great stuff.
Come on folks - just look at how motivated needhelp is. She has been tirelessly working on all campaigns.
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chicagoan
05-05 11:03 PM
I am in 5th year of my H1B visa and have visa stamped through the end of September 2010. I am traveling to India May 15th, 2010 and returning to the US on June 6th, 2010. That means I will have about 4 months of valid visa by the time I will be entering the USA. I am planning on renewing my visa after returning to the US. On a side note, my labor has ben approved and filed I-140 recently.
My questions is, do you think I have to start my H1B visa renewal before I leave to India or I can apply for renewal after I return?
Any suggestions appreciated!
Thanks,
My questions is, do you think I have to start my H1B visa renewal before I leave to India or I can apply for renewal after I return?
Any suggestions appreciated!
Thanks,
more...
ursnkk
11-22 07:42 PM
Hi
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
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wandmaker
08-18 09:07 AM
Hi all,
I am currently out of USA.My new employer has submitted H1 Transfer and extension of stay.
The petition has been approved along with new I-94. I have the original I-797 with me .
I understand that we have to surrender I-94 before leaving USA.But in my case I got I-94 after I left USA.Now I need to go for visa stamping in India.
Should I submit the new I-94 to the US consulate in India?
Please advise.
Thank you
Follow the instructions here after your return -
I-94 Departure Card - U.S. Embassy Bern Switzerland (http://bern.usembassy.gov/i-94_departure_card.html)
I am currently out of USA.My new employer has submitted H1 Transfer and extension of stay.
The petition has been approved along with new I-94. I have the original I-797 with me .
I understand that we have to surrender I-94 before leaving USA.But in my case I got I-94 after I left USA.Now I need to go for visa stamping in India.
Should I submit the new I-94 to the US consulate in India?
Please advise.
Thank you
Follow the instructions here after your return -
I-94 Departure Card - U.S. Embassy Bern Switzerland (http://bern.usembassy.gov/i-94_departure_card.html)
more...
imh1b
11-23 11:31 AM
The data is incorrect. There are a lot of applications not accounted for. See Ron's posts whee the lawyer has done analysis and said that.
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chanduv23
10-16 03:46 PM
^^^^^^^^^^^
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greencardvow
07-31 08:05 PM
keep copy send original
should I send the employer letter with the 485 in original or a copy?
should I send the employer letter with the 485 in original or a copy?
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vidyas_m
05-05 01:40 PM
This info might be a little old. But I filed for PERM on Dec 1, 2010 and it got approved on Dec 19th, 2010. So, 18 days. Also, you can find the latest info for PERM approval processing time on www..com
Good Luck.
Good Luck.
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alien4ever
09-25 12:19 PM
Anyone have any answers?
Hi,
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
Hi,
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
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ektha123
12-12 03:11 PM
Hi
we applied for ap in octoer and the receipt date is oct 24.we have approved H1 .can we go to mexico and have stamping before the ap approves.please suggest me.
we applied for ap in octoer and the receipt date is oct 24.we have approved H1 .can we go to mexico and have stamping before the ap approves.please suggest me.
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ramus
07-05 08:45 PM
Thank you..
Can you please post your question on this thread
http://immigrationvoice.org/forum/showthread.php?t=5994
---- Please continue any discussion on this topic in the thread whose link is provide above. OP - please delete this thread or ask the mods to do the delete. Hope you understand that extra threads arent good.
Can you please post your question on this thread
http://immigrationvoice.org/forum/showthread.php?t=5994
---- Please continue any discussion on this topic in the thread whose link is provide above. OP - please delete this thread or ask the mods to do the delete. Hope you understand that extra threads arent good.
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vayumahesh
03-12 12:28 PM
Here you go ... (for INDIA and Most Other Countries)
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
Immigrant Visas
Cut-Off Dates for Immigrant Visas
We are pleased to announce the April 2010 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.
To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.
The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us or call us at +91-22-2363-7407 between 2 and 4 p.m. IST.
Category India Most Other Countries
F1 8 July 2004 8 July 2004
FX 1 Jan 2005 1 Jan 2005
F2A 1 June 2006 1 June 2006
F2B 1 March 2002 1 March 2002
F3 22 May 2001 22 May 2001
F4 1 March 2000 1 March 2000
E1 Current Current
E2 1 February 2005 Current
E3 8 September 2001 1 February 2003
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
Immigrant Visas
Cut-Off Dates for Immigrant Visas
We are pleased to announce the April 2010 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.
To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.
The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us or call us at +91-22-2363-7407 between 2 and 4 p.m. IST.
Category India Most Other Countries
F1 8 July 2004 8 July 2004
FX 1 Jan 2005 1 Jan 2005
F2A 1 June 2006 1 June 2006
F2B 1 March 2002 1 March 2002
F3 22 May 2001 22 May 2001
F4 1 March 2000 1 March 2000
E1 Current Current
E2 1 February 2005 Current
E3 8 September 2001 1 February 2003
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
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jkiran
11-23 05:01 PM
Hey Friends,
I got an I-485 interview in next month. I have few questions...
I have the two issues....
1)Selling tobaco to Minor,happened in 2002(when I was helping one of my friend who is running a Convenience store,by mistake I handed Over a pack of cigarett without asking his ID.Unfortunately he was one of the Kid arranged purposefully by the department people who checks on toboco sale to Minors)
2)retail theft happened in 2005(when we went to walmart with our 4 year old daughter,we did not see a considerbly small toy in her hands,while we are making payment to the other stuff we bought)
Both the Incidents occured accidentally,we did not do anything purposefully.Both the cases were dismissed as Nolle proscue. the 2nd case was expunged too .I do have the documents stating that they are dismissed and 2nd case was expunged.If you want to have a look at them,
And also i pointed in I-485 application---No in the field of cases....
can you guys suggest me,if anybody have the similar situvation...
-Thanks
Rama
I got an I-485 interview in next month. I have few questions...
I have the two issues....
1)Selling tobaco to Minor,happened in 2002(when I was helping one of my friend who is running a Convenience store,by mistake I handed Over a pack of cigarett without asking his ID.Unfortunately he was one of the Kid arranged purposefully by the department people who checks on toboco sale to Minors)
2)retail theft happened in 2005(when we went to walmart with our 4 year old daughter,we did not see a considerbly small toy in her hands,while we are making payment to the other stuff we bought)
Both the Incidents occured accidentally,we did not do anything purposefully.Both the cases were dismissed as Nolle proscue. the 2nd case was expunged too .I do have the documents stating that they are dismissed and 2nd case was expunged.If you want to have a look at them,
And also i pointed in I-485 application---No in the field of cases....
can you guys suggest me,if anybody have the similar situvation...
-Thanks
Rama
Imm_Exploited
07-26 02:02 PM
Can some one please help to 'Activate' 'Quick Reply' feature?? Thanks.
Details in my signature.
Details in my signature.
gchopes
04-13 12:52 PM
Thanks roseball. For the ITIN, I am sending copies of my wife's US Visa and Learner's Permit as supporting documents. Have I got that right?
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