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  • qwert_47
    09-25 04:34 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.




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  • adiboss007
    04-10 04:42 PM
    its funny. everyone is talking about recession, weak dollar, foreclosures, job cuts , etc etc. but the number of h-1b applications continues to rise each year (last year it was 123k, this year it is 163k).

    isn't this a funny and/or strange statistic ? :confused:

    anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.

    -a




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  • Sakthisagar
    10-14 03:59 PM
    here are the links...

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82)

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1615-AB82)




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  • smileyslimey
    11-30 01:42 PM
    Thanks to everyone who responded.
    Appreciate your advice.
    regards.



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  • immihelp1
    07-17 06:22 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file




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  • h1techSlave
    04-27 10:32 PM
    This one is from Mathew Oh:

    After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.

    After watching all these dramas in the Senate/House, I feel the law makers are testing the waters with various types of immigration bills. Like the IV core team has always suggested, our only real chance is the CIR, whether we like it or not.

    Cheers,
    h1techSlave



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  • haider420
    06-13 09:46 AM
    Yes you can.

    firstly, thanks for replying.

    I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

    do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!




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  • md_alien
    06-22 11:55 AM
    Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"

    As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.

    Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.

    In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:



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  • amitjoey
    01-26 11:18 AM
    Congrajulations! to all the toppers.




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  • cyclone_p
    06-25 01:45 PM
    I guess it depends on the employer, but usually the employer put the employee on a "Loss Of Pay" status and the employee cannot work or earn until s/he has the renewed EAD card in her/his possession.

    Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.



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  • GC_1000Watt
    01-03 02:05 AM
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.

    Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
    And please guide me on things to keep in mind while going for stamping.

    Thanks.




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  • eager_immi
    02-09 12:09 PM
    Ok, since immigration is taking a back seat because of the IRAQ war, please explain how does it make him a wonderful president? He is responsible for so many lives bc of the war. If he did not spend billions of tax payer money on iraq, when there were no weapons of mass distruction and/or saddam was not an imminent danger to the united states, don't you think we would have better use of our tax payer's dollars.

    Just beacuse he is pro immigration does not make him the best president (he cannot pass the bill on his own u know, eventhough "he is the decider"). What is the point he can be pro immigration for all people care but his republican party is not too thrilled with him and will not pass an amnesty bill. What has he done for the enviornment? He believes that there is nothing called global warming. So please just because he is pro-illegals, pro free trade does not qualify him as the best president.



    Bush is for immigration reform.

    I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.

    Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.

    Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.

    It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.

    As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.



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  • sravani
    05-15 01:05 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

    My case is also similar and I decided to go with EB2

    My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

    My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.




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  • arjunpa
    10-07 12:28 PM
    Thank You all for the valuable inputs.

    I have an update.

    I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,

    H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.

    The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.

    Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.



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  • hpandey
    02-26 03:24 PM
    Hello,
    I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.

    That's strange that you got your EAD and AP but did not get the I-485 receipt. I think its time for you to call the USCIS helpdesk and if that doesn't prove helpful then take an infopass appointment to find out what's going on .




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  • coopheal
    03-06 05:13 PM
    My filing date is July 2nd and notice date is Aug 27th.



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  • hmehta
    08-04 03:40 PM
    Well, there are some clauses under which if you take out from 401K, you won't be penalized.




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  • ArunAntonio
    08-31 12:33 AM
    And I can get your country registered.
    The registration comes with
    - A free template to help you draft a constition
    - Free template designs for the flag of the nation
    - A dummies guide on how to make your country the most powerful nation.
    - A dummies guide on fool proof immigration laws to your country
    - A free guide on the mistakes of the empires of the past.

    To avail the above you will have to send a cashiers cheque in $$ (Your countries currency is not accepted .. yet)

    -- All monies from this transaction will go towards sponsoring IV members for the Rally.
    -- Vote here --> http://immigrationvoice.org/forum/showthread.php?t=12441




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  • snathan
    05-19 03:13 PM
    Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
    After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .

    As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
    Also they didnt send me the relieving letter and others indian PF etc.

    They even paid less that that was specified in the LCA.

    I would like to know if you had complaint DOL on this ?

    Regards

    You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.




    zCool
    04-15 03:08 PM
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    -- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.

    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    -- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.

    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    -- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.



    Dear Friends:
    I would appreciate if someone could answer these 3 questions for me:

    As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.




    mhtanim
    10-08 06:13 PM
    Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.

    However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?



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