Wednesday, June 8, 2011

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  • veni001
    02-02 08:57 PM
    Hello,

    I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.

    Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).

    Thank you

    Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
    Good luck.;)





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  • boston_gc
    01-25 05:49 PM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!



    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.





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  • arnet
    09-20 03:49 PM
    for link:

    create your application and fill DS-156/157 etc and you should see the appt calendar page. on rightside of this page, it usually shows link for emergency appt. but they change the vfs site often. send email to vfs, check contact us page and they will help you out to find this link.

    for appt:

    you can try checking everyday VFS site, some people cancel their appt before 10 or 15 days and you can get it but for chennai it is little difficult because people book it immediately. try vfs-monitor.com, which alerts through email or sound when your dates are available but i think you need to pay for this.

    but there are dates available in delhi/kolkatta and other consulates, you can consider flying a day before and get it done. flight fares from chennai to delhi/mumbai/kolkata are cheaper costs you 5000 rupees per person for roundtrip (which is $100 per person), hotels are cheaper, check makemytrip.com or rediff for flight/hotel fares.

    Disclaimer: I'm not an immigration attroney, please check with one for your situation as laws/procedures are changing often.





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  • like_watching_paint_dry
    03-05 09:26 AM
    My I140 is approved, 180 days complete and looking to change jobs in May/June.
    I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?

    It takes USCIS a little time to update your case with the new G-28. So make sure you file your new G-28 (or removal of existing G-28) at-least a couple of months ahead of your determined job change date. You don't want your current employer to be in any position to influence your I-485 processing once he finds out that you are leaving.



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  • hare01
    02-25 12:32 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.





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  • sanax
    11-30 09:35 PM
    I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!

    Thank you, I appreciate your link.



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  • saibalagi
    11-09 01:13 PM
    Hi One of my Friend also got same issue for his I140( Eb2) regarding his degree, I140 got denied.
    After that he has done Education Evalutaion per number of hours sunject/subject with Career Education Evalution , then Appealed.
    But case is still Appeal Court.


    I don't know how long it will take to get out put. But in his Edu. Eva then went for subject /subject and gievm Equalent to Ms degree in USA.

    I think this could help
    I'm pretty much sure you should get Ms degree in USA with your B.Sc. Physics and MBA.

    Thanks.





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  • immi_enthu
    08-10 04:26 PM
    your attorney or employer (whoever filed it) will get the approval notice.


    wont the company receive a courtesy copy even if attroney files it ?



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  • gc_check
    04-28 03:58 PM
    I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.





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  • JunRN
    08-21 10:22 PM
    You got me there....anyway, nothing much we can do about it...let's just treat it as another delay from USCIS...



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  • immi_enthu
    08-13 10:08 AM
    THanks for the info andy. I will check with my company HR rather than talking to my busy lawyer.


    My employer received the courtesy copy today.:)





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  • conchshell
    08-14 09:34 PM
    Thanks ConchShell.

    By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.

    BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.



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  • american_dreams
    08-27 10:35 PM
    My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.

    Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.

    Usually I have seen both arrive at the same time. Please comment. Thanks.

    I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.





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  • jsb
    11-05 04:02 PM
    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again

    Yes. Note answer to Q 2. In case there is an RFE to sponsor of I-140, and there is no proper response, I-140 is denied, resulting in denial of I-485 too. I-140 has to be approved or approvable.

    Once mega data entry is done, there will be a lull on new filings for quite sometime, giving USCIS time to look at the cases. I don't know what is current I-140 processing time, but it is better to have it out of the way before you think of moving on.



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  • javadeveloper
    12-17 09:25 PM
    Yup, same here. 7 yrs 5 months and waiting.

    Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.

    Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.

    Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).

    Is your labor approved after 2005? If your labor approved before 2005 you should have got your GC right?





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  • ksnewyork
    07-17 06:35 PM
    not as long as I see it on USCIS website..
    Thisis Murthy website...


    It is on the uscis website under August bulletin.

    "D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn. "



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  • kart2007
    10-07 11:01 AM
    Hello,

    I am in exactly the same situation. I have received my renewal EAD but my spouse hasn't. Her EAD expires 4th November. USCIS told me to call back on 11th Oct which is 30 days after they sent it. I do not want to wait till 11th. I am pretty sure its lost in the mail.

    She is going to get a job offer next week, will she have any problems due to the fact that her EAD expires within 30 days?

    Also whats the best thing for me to do now?

    Please advise.





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  • snathan
    04-16 01:30 PM
    If you have valid H1 then you are not out of status.





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  • vishwak
    08-10 07:54 AM
    alright..I came back without any problem.

    Thats it.

    Good to hear, Hope your parents are fine too.

    Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.





    Templarian
    08-20 01:08 PM
    I'll try it when I get off work in 3.5 hours and see how it goes.





    psychman
    11-12 01:33 AM
    Scratch that last post. I found what I needed. I removed the line of code:

    doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);

    and replaced it with:

    foreach (XmlNode node in doc.DocumentElement.ChildNodes)
    {
    node.AppendChild(docFrag.Clone());
    }



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