Saturday, June 11, 2011

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  • NO_Free_Rider
    11-09 03:29 PM
    What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.

    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated

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  • scorpioca
    05-19 09:38 PM
    Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.

    I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
    Has anyone been able to change the place of birth?


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  • gc03
    10-20 10:31 AM
    I went to stamping in Montreal on 10/10/06. No issues or problems. I also recommend to be prepared for a lot of questions, and take all the paperwork.

    My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
    Good Luck.

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  • Dhundhun
    06-12 06:34 PM
    MY case details are PD:02/2002, EB2, India. I-485 RD: 06/06/07.

    When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008?

    Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.

    Try simple question - name check is cleared or not?


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  • uslegals
    12-21 12:04 PM
    Thanks Guys.! this is really, really helpful. Appreciate your advice.!!

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  • ca_immigrant
    05-10 11:49 AM
    applies to me too, as I came in this thread to read this post :D

    so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!

    BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)

    (transalation, hawaldar means police, I am requesting the cop to so something aobut it)


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  • smitha_jacob
    06-04 09:28 AM

    I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

    Can anyone help me please?

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  • Junky
    10-15 08:18 AM
    Send you a PM. Please reply back at your earliest.

    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.


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  • hasil
    01-05 09:00 PM
    My wife came last May on H4 visa. I am on EAD and working with different company from Feb 2008. She had Advance Parole but she used H4 as it was simpler.

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  • teky
    11-12 05:30 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.



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  • uma001
    11-16 04:57 PM

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,

    Is your green card filed under EB2 or EB3?

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  • pd052009
    04-29 10:42 AM
    In less than 5 working days. I got for my son 2 weeks back. Very good service.

    Did you get attestation for baby's passport copies and birh certificates?


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  • gcdreamer05
    01-03 09:32 AM
    Folks the solution is simple,

    If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).

    If you have stamping on her passport for h4 then no need for AP.

    If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).

    If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.

    I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.

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  • qplearn
    10-02 03:47 PM
    If I-140 is withdrawn by the employer, one can not port the PD.
    I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?


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  • addsf345
    01-08 02:07 PM
    Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

    My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.

    any one?

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  • InTheMoment
    11-17 02:51 PM

    My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.

    As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.

    If you want I can e-mail his deatiled FAQ to you.



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  • sunnymit
    02-17 04:19 PM
    Where does one get this document that you have posted here?

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  • ronhira
    09-16 08:09 AM
    I had to go through secondary inspection which took about 20 minutes at JFK.IO only verified and stamped AP. No other documents were requested. To be on safe side, I carried Pay Stubs, Education Documents and Office Identification card.

    thanks urpal..... i'm juggling between possible approval of aos, pending ap application, planned trip outside the country and ac21.... u'r notes r helpful for me.....

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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.

    07-18 02:56 PM
    Why you want to mad on him, What is there to become mad on him.

    Labor buy/sell ------ is there any possible way it is helping this system? Please do not tell me that system already has flaws da da da ....

    08-22 01:53 PM
    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.

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