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Onesimus
03-03 02:54 AM
Thanks biznuge! :)
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snathan
02-23 06:59 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
Munna Bhai
01-30 12:35 PM
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.
So bottom line, employer should agree.
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.
So bottom line, employer should agree.
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reachinus
07-18 12:58 PM
As far as i know you will be getting 1 receipt number for each application. so totally 6 numbers to keep track of for the years to come. By the when did u file? Was it for June filing? of July filing?
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optimist
03-16 03:08 PM
Thanks for the reply.
1. I got my H1B extended while I am here in US. After going back to India, are there any issues in getting the visa revalidated, since an immigration petition has been filed on my behalf?
--This should not be a problem, since the H1-B is a dual-intent visa
2. Is H1-B extension based on I-140 possible when not in US?
--Yes. Moreover, if you are in India for a year or more, your 6-year clock starts again.
HTH.
1. I got my H1B extended while I am here in US. After going back to India, are there any issues in getting the visa revalidated, since an immigration petition has been filed on my behalf?
--This should not be a problem, since the H1-B is a dual-intent visa
2. Is H1-B extension based on I-140 possible when not in US?
--Yes. Moreover, if you are in India for a year or more, your 6-year clock starts again.
HTH.
anil_gc
11-26 05:29 PM
Folks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
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nonlimit
02-11 11:39 AM
Hey Alabaman,
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
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tillu
04-02 02:27 AM
Can someone help??
Where are the guys who can reply this.
Please reply before it is too late for me.
Where are the guys who can reply this.
Please reply before it is too late for me.
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ajithkumar
04-26 05:49 AM
Hi
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
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Stan09
03-24 02:56 AM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
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gccovet
10-07 01:49 PM
also found this on the net:
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
Excellent!!!!! Thanks a lot, VA_Dude
GCCovet
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
Excellent!!!!! Thanks a lot, VA_Dude
GCCovet
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04-21 05:44 AM
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skarthy
11-30 05:43 PM
Hi anyone else in the same situation ? any other prespective ? would really appreciate that.
Thanks.
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onemorecame
01-02 10:46 AM
H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
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Queen_of_Sheeba
05-07 01:24 AM
wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...
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varshadas
06-18 07:05 AM
IRS can also FAX the tax forms and W-2's but they do not have that information for the latest tax year. This means that they will not be able to provide you with the 2006 tax return. Also, my lawyer asked me for W2's of past 3 years. Both my husband (since he is on H1 too) and I had to provide W2's of 2004, 2005 and 2006
Thanks,
Varsha
Thanks,
Varsha
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imh1b
10-15 12:09 PM
Why is Tata giving such huge donations to schools in US that are already established?
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
Good question.
I am busy in meetings today and this weekend. But I will have some time on Monday. Please remind me on Monday to ask him your question. Thank you. :D
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
Good question.
I am busy in meetings today and this weekend. But I will have some time on Monday. Please remind me on Monday to ask him your question. Thank you. :D
perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
Scythe
04-20 01:37 PM
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