Thursday, June 30, 2011

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  • akhilarmn
    11-03 04:08 PM
    Here is my case:
    With Company A, my H-1B extension was filed on 8/22/2010, under regular processing.
    My I-94 expiry date was 9/30/2010.


    With Company B, H-1B transfer was filed on 10/2/2010 filed under Premium Processing
    Received RFE on H-1B transfer. Responded on 10/22/2010.
    Current status of H-1B transfer case is "RFE response review". No decision yet.

    Meanwhile I got an RFE on H-1B extension on 10/25/2010.

    1. How is the RFE on H-1B extension with Company A going to affect my H-1B transfer to Company B?

    2. Should the H-1B extension be Approved before getting a decision on the H-1B transfer?

    3. I read in a forum that unless my H-1B extension is approved, I will not get an I-94 with H-1B transfer approval (since it was filed after my I-94 expiry). Is this correct?

    Please advise. Thanks.

    P.S. I will post my experience once I get a decision on H-1B transfer.





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  • reachinus
    09-26 01:59 PM
    your old 140 will still be valid even if the new one is deneid and as long its not withdrawn or revoked by USCIS. You should be able to get 3 yrs H1 based on your approved 140. Hope this helps.





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  • Dakota Newfie
    08-12 10:44 PM
    If you look closely at June 2008's VB, you'll find the following statement:

    E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.

    In other words, the PD for EB3 ROW will (or should) be back to March 1, 2006 in October??? So very close for you!

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html





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  • AreWeThereYet
    08-09 04:32 PM
    From what I know, it is not mandatory to file AC-21 but if you think your previous employer who filed for your I-140 can create problems for you, it's safe to file AC-21. Although, your previous employer can not withdraw your I-140 by law, some employees attempt to withdraw/cancel I-140. Sometimes, USCIS behaves in an un-expected manner and they might issues a NOID on your 485. If that happens, you will have to appoint an attorney who fights for you to repeal USCIS decision. You will win in the end, but you will go through some unwanted stress and will loose some money to the attorneys. In such cases, if you have filed for AC-21, it acts as another strong point to your fight against a erroneous decision from UCSIS.



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  • senk1s
    09-25 11:38 AM
    we are waiting to do the same thing as soon as we get the card

    after getting the ssn - you'll have to contact IRS as well and let them know
    (and i remember that one cannot e-file taxes for the first year of this change)





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  • kirupa
    06-05 04:18 PM
    Added it up :P



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  • webm
    03-12 09:38 AM
    fyi.

    120 days (4 months)...





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  • krishnam70
    03-13 05:17 PM
    Hi,

    My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....

    "Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."

    I have requested my company lawyers on the specifics...

    Is it even possible to get an RFE by mistake? - (may be - yes)

    have you seen any such instances?

    Thanks,
    Raj

    Anything is possible. Can you get more details on the RFE? May be your post may help others who might get similar RFE's

    - cheers
    kris



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  • Alfio
    06-28 09:57 AM
    Thank you. The lawyer is in Missouri. I will try to ask the documentation back.


    In the US, attorney ethics rules vary somewhat from state to state. In most states, you are clearly entitled to all substantive materials contained in your case file. Unless the retainer/fee agreement clearly obligates you to pay for copying costs in this circumstance, the law firm should give you the documents you want without charge.





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  • Dhundhun
    07-16 02:36 AM
    So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?

    Yes the finger printing for EAD is type 2 and for I485 it is type 3. They are different.
    Photos are different (this is an example)
    .. in I485, nose ring was OK,
    .. in EAD, nose ring to be removed

    Finger Prints
    .. in I485 all the fingers rolled seperately (10), the four fingers (2) - might be missing some more
    .. in EAD, index, non rolled (1)

    When fingerprinting was paper based, it used to repeat every 15 months as paper print fades away(life of paper based). With electronic image, 15 months might not be required



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  • softsister
    07-24 05:02 PM
    My current company's CEO is retiring and the other partners are forming a new company. The current company will continue as a corporation and in the new corporation the current CEO will have 10% share. The new co will start with the current client base, employees, equipment, web site and use the current company's name as a DBA.

    I am on H1-B visa with the current company and in the process for Permanent Residency with my I-140 approved and awaiting for the Priority Date to become current .

    If the current company terminated me and i got re-hired with the new co.. what would i need to do for my H1-B visa and the Green card process. Please advice ASAP.

    Thanks





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  • kothuri
    10-02 03:16 PM
    I came across this article on Murthy.com and got lil nervous.

    http://www.murthy.com/news/n_hombus.html

    I am currently on H1b applied for 485, LC Cleared, I140 Cleared.
    I work for a company X but own another consulting company and I am a passive partner with a share of 49%. Another friend of mine who is also in the same boat as I am is another partner with 49% stake. My Sister who is a Green Card holder has 2% Stake and is an active partner.

    I have not taken a single penny from the company in the last 2yrs we formed the company and we file a K1 every year. Even though the company makes profits/loss we are not taking the profit nor writing off the losses from our individual taxes, However both of us (I and my friend who are passive partners) end up doing most of the work such as
    1. Signing the bank checks
    2. Signing the USCIS documents for employees who are working for our company.(for I129, etc etc)

    Does this mean that I am a clear candidate to be on INS Red alert/Radar?

    I know that an H1b holder can have a company on H1B and cannot work for that company part time/full time precisely what I have been doing since I have never taken a pay check from the company however I never thought that this could have implications on the 485 approval.

    Can some one answer my question. I guess I am more looking at some one like UnitedNations to answer.

    -Sri



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  • chicagoan
    05-05 11:03 PM
    I am in 5th year of my H1B visa and have visa stamped through the end of September 2010. I am traveling to India May 15th, 2010 and returning to the US on June 6th, 2010. That means I will have about 4 months of valid visa by the time I will be entering the USA. I am planning on renewing my visa after returning to the US. On a side note, my labor has ben approved and filed I-140 recently.

    My questions is, do you think I have to start my H1B visa renewal before I leave to India or I can apply for renewal after I return?

    Any suggestions appreciated!

    Thanks,





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  • ss777
    02-13 10:12 AM
    I got hold of a copy of the actual RFE and when I read closely, the above statement sounded alarming. Since the labor was filed in 2003, I was wondering what relevance June 26, 2006 has.

    Any help is appreciated.



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  • nashorn
    08-09 03:07 PM
    It will make it easy to read.
    have a poll....very difficile to read each messagio





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  • ahiyer
    09-26 08:57 PM
    Hi,
    I am trying to find health insurance for my spouse who is in H4 visa.

    Could you please let me know if I can buy the health insurance only for her? Is there some law which states H1B visa holder also needs to buy the health insurance along with the spouse?

    BTW, I am living in NJ.

    Appreciate, your inputs and pointers on this issue.

    Thanks,



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  • bbenhill
    05-07 06:14 PM
    We did the exact same thing. We informed officer that my wife's Extension is pending, he said that's fine and gave her I-94 valid for 40 days (time remaining on her H4 visa).

    After she get her I-94 for 40 days then if her new H4 application is approved then she will get the extension of her I-94.

    give me green if this helps :-)

    Thx





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  • forgerator
    09-05 08:31 AM
    great. thanks for clarifying! I thought so as well.





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  • sounakc
    05-30 07:41 AM
    ^^^





    averagedesi
    08-25 08:55 PM
    I am in the same boat, refer to my post

    http://immigrationvoice.org/forum/showthread.php?t=21112





    buntee2
    06-17 11:23 AM
    Attorney applied for my H-1b transfer in the first week of June'08 and I have still not heard back. How long does it typically take to receive Receipt Notice?



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