nissan_1
01-24 02:52 PM
During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
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insbaby
08-12 09:12 AM
1. Check with your lawyer on this
2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.
2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.
doctor
01-26 08:37 AM
Hi Friends, I searched through some of the prior posts and did not find the answer. I am not looking for cities to live in from the point of view of job, taxes, weather, desi population, desi amenties such as movies, restaurants etc. I am looking for answers from our indian friends living in various parts of usa, about where they felt was the best place for their children to live and go to school in terms of less racism and equal opportunities at school and playgrounds. I am also not looking at the whole state but cities themselves.
Many of us can't choose our job and where we want to live. but children are more vulnerable than us and in an environment you may not be able to control. A pooled information from my friends will be useful to me and I am sure my other friends. Also information about cities which you didn't like from your children's point of view and may reconsider living in if you had a chance.
I will say it first- some of the smaller cities in PA are not the best for your children.
Thanks in advance.
Many of us can't choose our job and where we want to live. but children are more vulnerable than us and in an environment you may not be able to control. A pooled information from my friends will be useful to me and I am sure my other friends. Also information about cities which you didn't like from your children's point of view and may reconsider living in if you had a chance.
I will say it first- some of the smaller cities in PA are not the best for your children.
Thanks in advance.
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krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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vinzak
01-03 12:36 AM
School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.
However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.
GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!
If a student is taking more than 18 hrs in credits, the school is liable to make sure the student's immigration status is legit. So the school does have an interest. I'm not sure if you did Master's or when you did it. But under SEVIS, the liability schools have on foreign students are far more stringent than before.
However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.
GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!
If a student is taking more than 18 hrs in credits, the school is liable to make sure the student's immigration status is legit. So the school does have an interest. I'm not sure if you did Master's or when you did it. But under SEVIS, the liability schools have on foreign students are far more stringent than before.
james_bond_007
05-01 07:25 PM
Since the stamped visa is valid till Sep 2009, you can travel without stamping the new visa. BUT it is extremely important that you show the approved H1B notice (I-797) at the port of entry. This will make sure your I-94 will be valid till 2011. You will have issues with H1B stamping / renewal if the I-94 dates are incorrect. One of my friend went thru the same situation and he has to correct the I-94 dates by going to a local immigration office.
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singhsa3
04-30 05:35 PM
Point well taken, mades some changes
You are ignoring dependents (1.2/applicant) and name-check cases in your calculation.
You are ignoring dependents (1.2/applicant) and name-check cases in your calculation.
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Jimi_Hendrix
12-16 05:46 PM
To make any educated guess there has to be a basis. You need to have some data or some other relevant information. Unfortunately there is no data available that can help one make an educated guess about the future movement of EB3 India.
In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.
In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.
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spdy_mn
08-10 11:00 AM
now i hear that"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
Please Help
From where?
Please Help
From where?
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MissionImpossibleGC
08-24 11:34 AM
You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
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Macaca
02-09 12:47 PM
(don't hate me, I'm English).
Please don't flame me, I am trying to be honest.
One of my Deans used to have this poster in his office : No Guts, No Glory!
Please don't flame me, I am trying to be honest.
One of my Deans used to have this poster in his office : No Guts, No Glory!
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akhilmahajan
05-03 08:42 PM
that was pretty fast............ i wish everyone else is that lucky also........
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CatsintheCraddle
05-04 01:14 PM
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
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coralfl
04-17 03:10 PM
My suggestion would be get 3yrs extension and then find a new job, new employer, start from the scratch. What I could gather reading your email that the contract suggests that " that upon I become a permanent resident..." (2nd sentence in your mail). My understanding reading your email as you have written that the contract will not be in force untill you get the GC.
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trueguy
08-04 06:12 PM
Nopes. No refund.
After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.
After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.
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hebron
04-03 10:49 AM
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
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rad123
02-08 02:10 PM
Try KLM airlines or Lufthansa. You do not need any transit visa.
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ufo2002
08-16 03:54 AM
Cuba isn't the only communist nation.
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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amitk81
09-19 04:48 PM
Here is my 2 cents.
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
billu
08-05 08:26 PM
we live in an apartment and our landlord does not give permission to install antenna, neither do we get any dish tv (indian channel) signal due to trees around the complex. i recently heard about dish iptv where they connect a wire to your internet modem and you can watch desi channels on the tv. does anyone have this service and what has been your experience with it?they have a contract and i want to know if it really works before buying the services. thanks a lot.
sp99
08-18 02:35 PM
Nope they don't have any US local channels....i didn't get any signal at my place (North facing patio)..so for Indian channels thats the best option for me...earlier i had cablevision and they offer 4 channels (actually can only count 2 sony and zee the other 2 are ok) for $20 so 44.99 for 8 channels is a better deal there are no fees or taxes in NJ so 44.99 is final bill...also i am planning to buy Indoor Antenna (Terk HDTVa) for Local channels which will suffice my TV needs....i think :-)
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