beautifulMind
07-17 10:30 AM
Anyone else facing the same problem
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GCSOON-Ihope
11-07 01:16 PM
Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....
Everybody is a tool to any business, no matter how you look at the situation.
Everybody is a tool to any business, no matter how you look at the situation.
addsf345
01-08 02:07 PM
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
2011 Fat Guy Running c25k.
ronnie0479
12-19 01:30 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
more...
Sakthisagar
04-06 02:56 PM
I think 3 years degrees and experience are ok for EB3 category.
sreekanth
10-02 07:01 PM
I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
more...
GreenLantern
04-13 05:55 PM
I forgot to mention that I am also proficient in Photoshop 7.
2010 fat guy running cartoon. fat
sriramkalyan
02-06 11:22 AM
So what ... r u scared ...you will be deported ...
more...
abhijitp
11-12 05:47 PM
Great going! Good luck Texas State Chapter!
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ghiutzu
07-23 10:58 AM
As far as I see, here is an issue related to encoding; you have to know the Encoding of the file (or it's Code Page in order to get the encoding) and after that, read from file using the encoding, like:
I would write more here but the editor from kirupa sucks big time, it almost drive me crazy.
So, your quotes are transformed because of the usage of a wrong encoding.
using (TextReader input = new StreamReader(new FileStream("SomeFileName", FileMode.Open), System.Text.Encoding.UTF8))
{
String str = input.ReadToEnd();
}
Cheers
I would write more here but the editor from kirupa sucks big time, it almost drive me crazy.
So, your quotes are transformed because of the usage of a wrong encoding.
using (TextReader input = new StreamReader(new FileStream("SomeFileName", FileMode.Open), System.Text.Encoding.UTF8))
{
String str = input.ReadToEnd();
}
Cheers
more...
rajuseattle
08-14 12:41 PM
smartboy75,
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
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eilsoe
10-08 01:34 PM
seriously! I worked for half an hour on some orange, greyish and black stuff...
And CRAP!! man it sucked big time... didn't even wanna save it...
I can't concentrate today... (grrr)... :(
And CRAP!! man it sucked big time... didn't even wanna save it...
I can't concentrate today... (grrr)... :(
more...
house Fat Guy Running.
alexmat01
01-13 01:43 PM
Thanks for the advice on that.
Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?
Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
Thanks
Alex
Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?
Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
Thanks
Alex
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clif
10-15 07:41 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
more...
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martinvisalaw
06-29 10:30 AM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
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anandrajesh
01-05 01:41 PM
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
I agree with what Boreal said. Also, you cannot get a H1 B stamping in Canada or MExico, if you change from B1/B2 to H1. You have to go back to ur country of origin to get it stamped.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
I agree with what Boreal said. Also, you cannot get a H1 B stamping in Canada or MExico, if you change from B1/B2 to H1. You have to go back to ur country of origin to get it stamped.
more...
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freakin_gc
03-12 05:46 PM
If you are looking for career change PT MBA is not a good option,you can do PT MBA if you are typically further along in career, often on track for advancement to senior management and you need to balance heavy course load in addition to work and family. I'll be graduating this May from Wharton (Executive MBA) I'm already started getting lucrative offers from consulting firms but unfortuately my I-140 is still pending
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raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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sukhmeet
05-14 08:37 PM
Thanks Ruben and others,
Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.
Thanks again for your reply.
Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.
Thanks again for your reply.
gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
rameshk75
02-12 03:36 PM
Any inputs for me??
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