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a_yaja
12-17 10:08 AM
Dear Yaja,
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
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vxg
07-27 03:10 PM
Thanks. I will ask my employer if they can provide me one.
My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.
My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.
malaGCPahije
04-15 10:31 AM
India
Enjoy your freedom. Pray for us.
Enjoy your freedom. Pray for us.
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zCool
01-04 09:52 AM
I know a friend in the exact same boat.. A very big multi-national co. with more than 10K employees.. they are even revoking his EB3 that was filed in 2004.. It's not USCIS rule.. it's just some employers being strict with their internal rules..
Unless you work for a big company with lots of benefits.. time to get EB3 filed.. and then bolt the first chance you get..
Unless you work for a big company with lots of benefits.. time to get EB3 filed.. and then bolt the first chance you get..
more...
FrankZulu
08-13 11:47 PM
Nothing yet. Once 2nd July is done it should be one or two business days.
sweet_jungle
12-30 01:17 PM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
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bkam
05-18 10:34 PM
:) Welcome to our news member Selvaela..
You guys are cunning :) :) :)
You guys are cunning :) :) :)
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EkAurAaya
07-17 12:09 AM
From what I have heard so far, you need the receipt number. Talk to your lawyer asap.
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
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jaggu bhai
07-27 01:32 PM
ravi
ITU is accredited
U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs (http://ope.ed.gov/accreditation/InstAccrDetails.aspx?756e697469643d313731323136266 3616d70757349643d30267264743d372f32372f32303130203 23a32313a333120504d)
ITU is accredited
U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs (http://ope.ed.gov/accreditation/InstAccrDetails.aspx?756e697469643d313731323136266 3616d70757349643d30267264743d372f32372f32303130203 23a32313a333120504d)
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morpheus
07-07 01:33 PM
Please consult an immigration attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
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obelix
07-27 03:14 PM
Thanks.
Yes, you need to know your original title that was used.
Yes, you need to know your original title that was used.
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calabor2001
06-20 05:44 PM
Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.
But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.
If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!
But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.
If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!
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Yeldarb
02-05 11:26 AM
Thanks. I'll check it out.
The ball is just a circle with a gradient fill, where the fill is from black at 100% alpha to 0% alpha.
The ball is just a circle with a gradient fill, where the fill is from black at 100% alpha to 0% alpha.
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jay75
08-07 01:34 AM
Received 2 year EAD, with pending I140(EB3 I).
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walking_dude
07-26 08:56 AM
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
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SNLive999
06-09 05:43 PM
Hello Gurus,
Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.
Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.
Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.
The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???
Biometrics Processing Stamp
ASC Site Code:______
Biometrics QA Review By:_____ On ________
Ten Prints QA Review by:_____ on ________
I really do not know what to do. I request you all Gurus, please help me to handle this issue.
Thank you.
Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.
Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.
Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.
The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???
Biometrics Processing Stamp
ASC Site Code:______
Biometrics QA Review By:_____ On ________
Ten Prints QA Review by:_____ on ________
I really do not know what to do. I request you all Gurus, please help me to handle this issue.
Thank you.
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Dhundhun
06-07 04:55 PM
I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has “TEMPORARY” written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why “TEMPORARY” is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I’ll get hard time getting loans etc b/c people will think I may move out any time as I am here “Temporarily”
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
I saw the pointer. In Oklahoma, lawmakers has taken a stand to mark DL with “TEMPORARY” to all non-citizens. They could have gived DL in different color to make it less harsh. It seems that this “TEMPORARY” marking will be even after getting GC, so this will remain for years and years to come.
As "imneedy" pointed, it is in NJ for the last few years, so we can expect this being done in other states.
Is there any change in layout expected after "real ID(http://en.wikipedia.org/wiki/REAL_ID_Act)" implementation?
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
I saw the pointer. In Oklahoma, lawmakers has taken a stand to mark DL with “TEMPORARY” to all non-citizens. They could have gived DL in different color to make it less harsh. It seems that this “TEMPORARY” marking will be even after getting GC, so this will remain for years and years to come.
As "imneedy" pointed, it is in NJ for the last few years, so we can expect this being done in other states.
Is there any change in layout expected after "real ID(http://en.wikipedia.org/wiki/REAL_ID_Act)" implementation?
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Ann Ruben
03-19 03:21 PM
There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
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saurav_4096
03-14 11:22 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
gauravster
01-16 01:41 PM
Guys, looks like a lot of people are voting against H1B visas as well. I think since most of us are here on these visas, we should support these visas as well.
Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.
I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.
On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).
Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.
I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.
On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).
walking_dude
12-05 12:45 PM
FBI Namecheck isn't exactly an immediate issue for me due to colossal backlogs. Yet clearance of the backlog may be meaningless if a person happens to get caught in the FBI backlog instead !
Here's my E-mail to ACLU Immigrants rights project -
------------------------------------------------------------------------------
Thank you for taking legal actions to fix FBI Name check delays for Immigrants
http://www.aclu.org/immigrants/gen/32422prs20071029.html
Kudos for taking actions to protect Immigration rights. As a future Citizenship applicant I'll surely benefit if this inhumane bureaucratic mess would be fixed.
FBI Namechecks aren't limited to Citizenship applicants alone. There are countless Green Card applicants stuck in the FBI backlog too. Are any legal actions being planned to help them too?
Thanks & Regards,
xxxxx
--------------------------------------------------------------------------------
Here's my E-mail to ACLU Immigrants rights project -
------------------------------------------------------------------------------
Thank you for taking legal actions to fix FBI Name check delays for Immigrants
http://www.aclu.org/immigrants/gen/32422prs20071029.html
Kudos for taking actions to protect Immigration rights. As a future Citizenship applicant I'll surely benefit if this inhumane bureaucratic mess would be fixed.
FBI Namechecks aren't limited to Citizenship applicants alone. There are countless Green Card applicants stuck in the FBI backlog too. Are any legal actions being planned to help them too?
Thanks & Regards,
xxxxx
--------------------------------------------------------------------------------
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