Monday, June 13, 2011

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  • gconmymind
    08-27 05:21 PM
    I think you will not be able to apply for Visa renewal. You will be applying for H1 stamp for the first time hence it is a new visa applicaiton. this is per my understanding, please check with your lawyer. You can also send an email to the consulate (email address on VFS website). They will answer withing 3 business days...Goodluck
    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)

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  • shana04
    08-14 03:49 PM
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?

    No you don't have to wait. find new employer and file a case on your employer.

    According to H1, no matter he has to pay you.

    Ultimately he can recover money from vendor, but he is deniying pay to you.

    other frineds have suggested so just follow them.

    good luck. I know the pain. sorry for you.

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  • chintu25
    09-25 11:09 AM
    Excellent stuff.....

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  • mohitb272
    10-17 05:15 PM
    One of my friend filed on July 2nd through her lawyer but she has not received any Receipt Notice (her checks have also not been cashed yet).

    Her lawyer has the Fedex delivery confirmation that the application was delivered on July 2nd.

    Anyone in similar circumstances? Would appreciate any help on this matter.


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  • visa_reval
    12-12 11:34 AM
    This is a good doc to help you get started in correcting your I-94.

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  • vdlrao
    01-21 03:20 PM
    Person traveling with AP does not require Transit Visa if u dont plan to go outside of Frankfurt airport for what so reason.I had traveled via Frankfurt on 01/07/09.

    Please do check with German consulate.

    Thank you KKTexas


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  • Gravitation
    12-17 11:38 AM
    2 years - 10 years.

    Not very precise... but that's as much as anybody knows.

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  • rajusk
    04-16 12:18 PM
    PM me...and I can help out


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  • snathan
    05-12 07:07 PM
    Yes he can apply EB-2 and claim experience gained from the same company as long as the new job description is 50% different from the current job position.

    I don't have MS, my promotion job requirement was BS+7 Years out of which I claimed 2 years from the same company. Attorney had to prepare a document that shows the difference between the future job and the current. I had my labor approved without issues.

    Normally you wouldnt have any issues during labor process. The EB2-Eb3 is more scrutinized only during the I-140 approval.

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  • martinvisalaw
    06-05 01:40 PM
    A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.

    For those with questions about AOS portability - you should show a new job offer letter if CIS asks for it - either in an RFE or at an interview. There is no legal requirement to notify CIS if you change jobs while the RFE is pending, unless they ask about it. CIS does expect that AOS applicants will notify CIS if they change jobs, however.


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  • suman
    12-17 10:04 AM
    What is NOID? If i don't respond do i have the time to respond. How much time do i have?

    And what is RFE?


    No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.

    Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.

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  • mdcowboy
    10-04 02:10 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.

    I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. Also, I would be happy to put my money in savings with a decent return and stocks rather than my retirement fund.

    I am not sure about this but I guess if you plan to return just have to pay the taxes and not the penalty? You need to get this verified.


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  • reverendflash
    10-28 10:29 PM
    OR do some pro-bono sites for people who will reach a lot of people (and help out some needful people at the same time)...

    such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...

    They never need know how old you are...

    I certainly don't tell them I'm 40... :P


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  • gcbum
    08-01 04:59 PM
    After the lawerand medical examination took a long time my concurrent filing applicaiton was over night fedexed on Jun 28th from nj to nebraska and fedex did not pickup on Jun 28th due some weather and they try to deliver on Saturday which was Jun 30th and finally it was delivered on July 2nd 7:55AM and the check also not encashed and application also not returned.



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    02-18 03:46 PM
    Thanks Pritam , can u give me u r email id so that i can share resume

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  • UKannan
    05-23 09:24 AM
    Is there anyway to get the I140 Approval or at least the Receipt # other than that off thru employer?


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  • tikka
    05-29 09:08 PM
    Donot forget to send the webfax :)


    2750 web faxes have been sent! we are trying to get to 3,000.:)

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  • yabadaba
    06-22 05:31 PM
    yes typically it is the Service center that has approved your 140

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  • rnanchal
    02-05 03:46 PM
    Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try

    11-05 10:49 AM
    Your I-485 filing without the dependants is unfortunate. This senario, you need to be in H1 all the time till your PD is current and they are eligible to apply for I-485. Means you can't work on EAD, it will cancel your H1. Always on H1, otherwisw dependents will be out of status. (BECAUSE THEY ARE NOT IN AOS- your case)

    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

    10-15 07:31 PM
    In Blue's Clues, the dog clue is a blue paw print, so I am assuming that was what was meant.

    I don't recall seeing a paw print shape in PS7, I will scope that out later tonight.

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