flyingninja
10-29 03:57 AM
Hi,
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
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eilsoe
10-16 09:50 AM
TIFA!!!!
stupendousman11
08-15 09:54 AM
Why are there two "Priority Date" columns?
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pappu
06-11 12:12 PM
Reno_john,
You are spamming the forum with the same post complaining. If you have specific questions, call us/email us or PM us.
Do not spam the forums. This is a warning.
You are spamming the forum with the same post complaining. If you have specific questions, call us/email us or PM us.
Do not spam the forums. This is a warning.
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srini1976
04-15 12:36 PM
Congrats :)
sreenivas11
07-02 10:31 AM
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
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never_giveup
11-05 03:13 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
2010 WITHOUT makeup:
ItIsNotFunny
11-06 04:57 PM
Glad to see your initiatives. But our focus should be different.
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
more...
BECsufferer
02-11 06:44 AM
actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)
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sss9i
11-15 04:11 PM
Hi,I am also looking for Science teacher job for my sister.
I am from Phoenix. Can you give me cell no,So that I can call you regarding H1B Visa and Information regarding Teacher certification.
Thank you
Sreenivas
Hi
I am a teacher on H1B. I am here with a company GTRR. If you are a math, science or special education teacher you can get job easily. The company site is gtrr.net.
I am from Phoenix. Can you give me cell no,So that I can call you regarding H1B Visa and Information regarding Teacher certification.
Thank you
Sreenivas
Hi
I am a teacher on H1B. I am here with a company GTRR. If you are a math, science or special education teacher you can get job easily. The company site is gtrr.net.
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Dalai Lama
12-20 03:38 PM
It is a great Idea.
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gvenkat
05-17 07:35 AM
I believer you have to show somehow your resposnisbilities include that as well. I don't think it's that difficult
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flyingninja
10-30 12:36 AM
Thanks,for providing feedback, please keep sharing the developments or additional information that you might have. Interestingly I did notice that all the candidates in front of me at the VO counter also seem dejected, so it seems this new practice is much more widespread.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
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CantLeaveAmerica
04-07 10:18 AM
Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.
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FinalGC
08-04 09:25 AM
Great idea
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legaleagle
05-27 06:37 PM
Hello diptam,
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
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gc_relief
04-27 03:39 PM
I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??
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pointlesswait
09-17 10:19 AM
The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
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snathan
02-22 11:41 AM
I am trying to port from EB3-EB2 from the same employer.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
Title alone will not make you to qualify for EB2. You need to worry about porting with the same employer as it might invite audit (most likely) and there are other consequences also to worry about.
Check with your HR - What category they are filing for the new job EB2/EB3
If EB2 ask them - Why did they file EB3 for you for the same position.
If EB3 - There is no point in porting.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
Title alone will not make you to qualify for EB2. You need to worry about porting with the same employer as it might invite audit (most likely) and there are other consequences also to worry about.
Check with your HR - What category they are filing for the new job EB2/EB3
If EB2 ask them - Why did they file EB3 for you for the same position.
If EB3 - There is no point in porting.
nosightofgc
02-08 02:05 PM
I completely agree with you. A lot of people complain thatcomapnies hire H1B employees because they are cheap. But I know that I am the highest paid in my group (and I am the only foriegn person in the group. Further when we had head count in the last year for three positions, we could not get enough resumes or hire any one due to lack of candidates with the required skills. At then end we lost the head count. And we have restrictions in our companyto hire any H1B.
I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!
This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.
I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!
This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.
h1-b forever
07-23 09:18 AM
What is the confusion?
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