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06-24 01:20 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection (http://www.aila.org/content/fileviewer.aspx?docid=31614&linkid=220246) for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.
During this period, USCIS will be evaluating whether to revise Form I-102 (http://www.uscis.gov/files/form/i-102.pdf).
The purpose of the form: for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.
Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.
Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue, NW
Washington, DC 20529-2210
Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.
**When submitting comments by e-mail, please make sure to add OMB Control No. 1615�0079 in the subject box.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_issues_extended_informat_1.html)
The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection (http://www.aila.org/content/fileviewer.aspx?docid=31614&linkid=220246) for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.
During this period, USCIS will be evaluating whether to revise Form I-102 (http://www.uscis.gov/files/form/i-102.pdf).
The purpose of the form: for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.
Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.
Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue, NW
Washington, DC 20529-2210
Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.
**When submitting comments by e-mail, please make sure to add OMB Control No. 1615�0079 in the subject box.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_issues_extended_informat_1.html)
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muraliy
09-15 05:09 PM
Thanks for your replies. I suspected as much. I wanted to make sure before I start the process of gathering the recommendation letters all over again.
gemini23
07-02 08:56 AM
Please christ sake, please stop posting the things you HEAR. as per the visa bulletin , things are still current. Check the bulettin before posting, and save a couple of people who would die of strokes.
peace.
peace.
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rajuseattle
02-28 11:12 PM
gckidhamal,
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
more...
H1InTrouble
09-18 03:59 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
more...
martinvisalaw
02-01 01:51 PM
If your H-1B status started on 10/1/05, then your 6th year is 9/30/11, as you suggest. By 9/2011 your LC will, have been pending for 365 days so you can get a 7th year extension. Maybe the attorney thinks that August 2010 is the end of your 6th year. You should confirm the dates with her/him.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
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peacocklover
01-26 12:42 PM
Thanks for your suggestion. My lawyer says that it's fine to have Computer Information Systems as per Education Evaluation draft. Though my lawyers are well experienced, I'm felling little bit doubtful on this.
I would appreciate if any lawyer advises or responds to my question.
Thanks.
I would appreciate if any lawyer advises or responds to my question.
Thanks.
more...
lahiribaba
02-12 01:58 AM
why the hell you care? if you dont need it you can ask uscis to transfer it to my name ;)
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yestogc
04-07 06:53 PM
Please fill in your profile completely
more...
dvb123
04-05 09:45 AM
There is a memo which says that you can get 1 year H1 till u get the license.
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
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thakkarbhav
01-20 02:14 PM
You can donate one H1B to someone who needs it...just kidding..your both H1Bs are valid.
No need to update company2 about the extension.
When you go for stamping then carry necessary papers for compnay2...simply forget about compnay1. Thanks.
No need to update company2 about the extension.
When you go for stamping then carry necessary papers for compnay2...simply forget about compnay1. Thanks.
more...
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snathan
05-19 07:10 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
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Anders �stberg
May 19th, 2004, 01:21 PM
Thanks for commenting Gary!
I agree it's kind of boring, but on the other hand it might be "photo contest artsy"... you never know with a selection jury! :)
I agree it's kind of boring, but on the other hand it might be "photo contest artsy"... you never know with a selection jury! :)
more...
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josecuervo
07-24 01:41 PM
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
I checked my receipt notice. PD is blank. I checked with a friend of mine and his receipt notice PD is blank too.
BTW mine is paper based filing.
Is anybody else in the same boat?
I checked my receipt notice. PD is blank. I checked with a friend of mine and his receipt notice PD is blank too.
BTW mine is paper based filing.
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06-03 05:29 PM
any ideas about 1-2day /night cruise from Houston/Galveston ? I want to avoid Immigration checks.
Please write only if you have any relevant information on this!
Kids , keep off from your papa's computer.
Thanks in advance.
Please write only if you have any relevant information on this!
Kids , keep off from your papa's computer.
Thanks in advance.
more...
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ameryki
07-22 01:42 PM
thanks guys. i wished there was any interim EAD to continue work.
I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.
I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.
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battineni
06-09 10:46 AM
Really good work by IV team
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rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
qualified_trash
05-19 11:49 AM
Immigration laws are a federal mandate. It does not matter where your lawyer is based...........
Try to get a good lawyer. Where they are located should never be a consideration.
Try to get a good lawyer. Where they are located should never be a consideration.
hundal81
05-23 12:23 PM
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
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