FinalGC
06-15 12:53 PM
Experts:
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
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Lasantha
12-05 08:27 AM
As far as I know, you should meet the requirements as of the priority date of the LC, not when the LC is switched. You may want to consult a good attorney on this one.
leo_loco
06-28 02:42 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
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needhelp!
10-15 12:20 PM
bump
Lousiana.. do you have a chapter yet. If not, please join Texas.
Lousiana.. do you have a chapter yet. If not, please join Texas.
more...
aguy
07-26 08:40 PM
so, would you say just waiting for the RFE instead of sending in the exam result with a cover letter. i am afraid that it may get lost. on the other hand, if they delay the RFE by over 6 months, we will have to do the medical exam again. what would you suggest?
kannan
11-17 03:26 PM
I do not have anything,It was applied by my previous employer, and we do not have good terms.
more...
bnaredla1382
08-06 11:54 AM
Hi
I am planning to port my EB3 to EB2 but I donot have the Approval copy of my I-140 of my EB3 (But I have the receipt number) and I asked my privious Employer(who applied my case in EB3 and I used AC21 and moved to another company) for a copy of approved I-140 and he is not willing to give it to me.
Can I still port with out having I-140 approval copy of EB3? if yes, how?
I am planning to port my EB3 to EB2 but I donot have the Approval copy of my I-140 of my EB3 (But I have the receipt number) and I asked my privious Employer(who applied my case in EB3 and I used AC21 and moved to another company) for a copy of approved I-140 and he is not willing to give it to me.
Can I still port with out having I-140 approval copy of EB3? if yes, how?
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needhelp!
10-12 04:31 PM
~
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imh1b
05-19 09:37 AM
The design is good. Has the cost of Greencard also gone up for new applicants?
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dan19
09-07 08:12 PM
Below is the message She gets from Fedex when she tracks the package.
Is it normal?
Sep 6, 2006 10:52 AM Delivered WILLISTON, VT
9:44 AM Delivery exception WILLISTON, VT
Rerouted to revised delivery address
9:44 AM Held at FedEx location for recipient pickup WILLISTON, VT
Package available for pickup at: 921 MARSHALL AVE
Is it normal?
Sep 6, 2006 10:52 AM Delivered WILLISTON, VT
9:44 AM Delivery exception WILLISTON, VT
Rerouted to revised delivery address
9:44 AM Held at FedEx location for recipient pickup WILLISTON, VT
Package available for pickup at: 921 MARSHALL AVE
more...
micofrost
07-24 04:12 PM
I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???
Make sure you have the copy of the application you filed for change of status while you were here. Or any receipt notice.
You can come back to US but b4 that you have to stamp a H4 visa at your country's US consulate. All should be fine assuming you had filed Change of Status application b4 expiry of your B2 I-94
Make sure you have the copy of the application you filed for change of status while you were here. Or any receipt notice.
You can come back to US but b4 that you have to stamp a H4 visa at your country's US consulate. All should be fine assuming you had filed Change of Status application b4 expiry of your B2 I-94
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cox
January 31st, 2005, 08:31 PM
I like the story, Freddy.
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Ectheo
04-08 12:45 PM
Hmmm....Tool, APC, and In Flames....I like you. You know good music when you hear it.
Nice stamps, btw.
Nice stamps, btw.
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WaitingUnlimited
10-09 06:27 PM
Sorry.. Subject should have been "Filing PERM During 6th year of H1"
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
more...
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imm_pro
02-28 07:16 PM
DEC 07 PD is current ..??? which category are you in.
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nagamani
07-02 06:33 AM
Arizona immigration law backer politician Barry Wong wants to cut power from illegal immigrant homes (http://www.nydailynews.com/news/national/2010/06/30/2010-06-30_arizona_immigration_law_backer_politician_barry _wong_wants_to_cut_power_from_ill.html)
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
more...
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chakalov
08-02 02:34 PM
Is there any good news for DB Visa in that bill?
Nothing! This bill passed the Senate a month before they started the CIR. Cornyn introduced the SKIL act and then he immediately withdrew it because he was hoping that it will become part of the future Immigration bill. Later on the CIR failed and we are left with nothing again.
Nothing! This bill passed the Senate a month before they started the CIR. Cornyn introduced the SKIL act and then he immediately withdrew it because he was hoping that it will become part of the future Immigration bill. Later on the CIR failed and we are left with nothing again.
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anurakt
01-19 02:13 PM
Please join us on the tri state chapter call .....
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newbie2020
04-29 03:48 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
TwinkleM
07-02 02:16 AM
If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...
Pls. correct me if I am wrong...
Pls. correct me if I am wrong...
laborinbacklog
12-16 10:58 AM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
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