Sakthisagar
02-24 03:45 PM
Yes, and Yes I am married and have dependendts so H4 also. Yes April 2010,
You can extend it one week before, one thing you need to keep in mind, in some of the States, your Driver's Licence is as long as your H1 is valid, so that means you cannot legally drive any vehicle if your Driver's licence is expired, usually DMV never accepts receipts they want to see the approved I-797.
So there are some disadvantages if your visa expiry date is so close, usually people apply on Premium processing giving more Extension fees. Premium Processing USCIS have to answer you within 10 working days. at least you will get the RFE before 10 days.
You can extend it one week before, one thing you need to keep in mind, in some of the States, your Driver's Licence is as long as your H1 is valid, so that means you cannot legally drive any vehicle if your Driver's licence is expired, usually DMV never accepts receipts they want to see the approved I-797.
So there are some disadvantages if your visa expiry date is so close, usually people apply on Premium processing giving more Extension fees. Premium Processing USCIS have to answer you within 10 working days. at least you will get the RFE before 10 days.
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nyckings
10-15 03:41 PM
Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
nc14
05-14 09:10 PM
Thanks Guys, It is very reassuring to hear from you.
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PD_Dec2002
07-13 03:27 PM
Hi:
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
more...
ita
01-26 12:10 AM
http://immigrationvoice.org/forum/showthread.php?t=23042
Thank you.
Thank you.
a_yaja
01-08 07:53 PM
He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
more...
sbvw76
04-21 03:13 PM
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
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yabadaba
11-06 02:13 PM
dude...ur i-140 is also not approved..sit tight
more...
pappu
03-17 03:55 PM
http://www.dhs.gov/xabout/structure/gc_1294871282792.shtm
Teleconference Recap: FOIA: How Is It Working For You?
On December 6, 2010, the Ombudsman's Office hosted a public teleconference on "FOIA: How Is It Working for You?" where the Ombudsman's Office interviewed Terry Sloan, Acting Center Director, National Records Center and Jill Eggleston, the Assistant Center Director ofFreedom of Information Act (FOIA) Operations for the National Records Center at the U.S. Citizenship and Immigration Services (USCIS).
Inquiries to the Ombudsman's Office have identified FOIA requests as an area where the public continues to experience frustration in relation to citizenship and immigration services. Please direct any inquiries related to the topics raised in this teleconference to Margaret Gleason, Senior Advisor to the Ombudsman, at margaret.gleason@dhs.gov. If you have a concern with your USCIS FOIA request and have been unable to resolve the issue with USCIS, the Ombudsman's Office may be able to help.
Freedom of Information Act
Under the FOIA statute, "any person" may request documents from a U.S. government agency. This applies to both U.S. citizens and to citizens of foreign countries. The law allows 20 business days for response to a FOIA request. USCIS has been unable to make that deadline to date, although processing has improved in the past few years. Agencies may withhold information from a FOIA requester under certain exemptions. The law does not allow an agency to withhold information for other reasons, such as possible embarrassment to the agency.
USCIS Processing of FOIA Requests
USCIS FOIA processing is consolidated at the National Records Center (NRC). Prior to 2005, FOIA requests were decentralized, and could be handled on the local level by USCIS. In FY 2006, USCIS had a backlog of more than 88,000 FOIA requests. Jill Eggleston reported in the teleconference that in FY 2010 the backlog was down to 8,000 cases.
There are currently 120 NRC employees, with 30 more new employees authorized for hiring in 2011. Ms. Eggleston informed teleconference participants that current USCIS processing times for FOIA requests vary according to the type of request and that USCIS sorts FOIA requests into three separate tracks. Ms Eggleston also noted the processing time for each type of request.
* Track One FOIA Requests, or simple document requests, are those that request only a specific document, such as a copy of a particular immigration petition.
Processing time: 43 working days
* Track Two FOIA Requests are those where an entire file is requested.
Processing time: 34 working days
* Track Three FOIA Requests are those requests where the individual has a pending hearing scheduled before the Immigration Court.
Processing time: 59 working days
In the FOIA Annual Report for Fiscal Year 2009, the processing times published for USCIS show an average processing time of 215 business days for Track One FOIA requests, 344 business days for Track Two FOIA requests, and an average of 60 business days for Track Three FOIA Requests.
USCIS FOIA Process
As stated on the teleconference, FOIA requests to USCIS can be made with a Form G-639 (PDF - 2 pages, 100 KB) or by written request submitted by mail to USCIS NRC, P.O. Box 648010, Lee's Summit, Mo. 64064-8010; or by fax to 816-350-5785. Most FOIA requests are free, but if fees exceed $25, the requester will be notified in advance of such a charge. Ms. Eggleston stated that a web-based request system would be established in the near future and will be rolled out in two phases: Phase One will be for media requests, while Phase Two will be for all other requests. Currently, the status of a FOIA request can be checked with an NRC receipt number through the FOIA link on USCIS Home Page (http://www.uscis.gov).
Appeals of USCIS FOIA denials or material withheld under FOIA exemptions may be filed to USCIS FOIA Appeals, 150 Space Center Loop, Lee's Summit, Mo. 64064-2139.
As noted in the teleconference, more information on filing FOIA requests with other Department of Homeland Security components, such as U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, is available at DHS | Freedom of Information Act & Privacy Act (http://www.dhs.gov/foia).
Expedite Criteria
By regulation, there are narrow expedite criteria that may allow a requester priority to receive a FOIA response. Expedites will only be granted for cases that present an imminent threat to life or safety requiring the FOIA response, or where there is an urgency to inform the public.
Overall, FOIA requests are handled on a first-come, first-served basis, which is only differentiated based on the three tracks described above, or the occasional expedite case.
Teleconference Questions
In response to questions from callers on the teleconference, Ms. Eggleston stated that certain information is required with a FOIA request to verify identity including name, address, date of birth, and place of birth. Without this information, a FOIA request is incomplete. If information in a file is incorrect, a Form G-639 (PDF - 2 pages, 100 KB) can be used to correct information under the Privacy Act. Another caller asked if USCIS could retrieve an envelope with a postmark from a particular file under FOIA. This documentation might be needed to support an application for adjustment of status under . Ms. Eggleston stated that there is a separate receipt file where payments to USCIS are recorded. If a receipt is requested, the FOIA request should specify that the NRC should search the alien's receipt file.
If records are requested on behalf of a child, Ms. Eggleston stated that names of parents will be requested, and USCIS may ask for proof of parent or guardian relationship before sending information to that party.
Ms. Eggleston said that sometimes in denying FOIA requests for persons with final removal orders, USCIS invokes the 'fugitive disentitlement doctrine' under Meddah v. Reno, No. 98-1444, (E.D. Pa. Dec. 8, 1998). She also said that her office may refer such FOIA requests to Immigration and Customs Enforcement (ICE
Teleconference Recap: FOIA: How Is It Working For You?
On December 6, 2010, the Ombudsman's Office hosted a public teleconference on "FOIA: How Is It Working for You?" where the Ombudsman's Office interviewed Terry Sloan, Acting Center Director, National Records Center and Jill Eggleston, the Assistant Center Director ofFreedom of Information Act (FOIA) Operations for the National Records Center at the U.S. Citizenship and Immigration Services (USCIS).
Inquiries to the Ombudsman's Office have identified FOIA requests as an area where the public continues to experience frustration in relation to citizenship and immigration services. Please direct any inquiries related to the topics raised in this teleconference to Margaret Gleason, Senior Advisor to the Ombudsman, at margaret.gleason@dhs.gov. If you have a concern with your USCIS FOIA request and have been unable to resolve the issue with USCIS, the Ombudsman's Office may be able to help.
Freedom of Information Act
Under the FOIA statute, "any person" may request documents from a U.S. government agency. This applies to both U.S. citizens and to citizens of foreign countries. The law allows 20 business days for response to a FOIA request. USCIS has been unable to make that deadline to date, although processing has improved in the past few years. Agencies may withhold information from a FOIA requester under certain exemptions. The law does not allow an agency to withhold information for other reasons, such as possible embarrassment to the agency.
USCIS Processing of FOIA Requests
USCIS FOIA processing is consolidated at the National Records Center (NRC). Prior to 2005, FOIA requests were decentralized, and could be handled on the local level by USCIS. In FY 2006, USCIS had a backlog of more than 88,000 FOIA requests. Jill Eggleston reported in the teleconference that in FY 2010 the backlog was down to 8,000 cases.
There are currently 120 NRC employees, with 30 more new employees authorized for hiring in 2011. Ms. Eggleston informed teleconference participants that current USCIS processing times for FOIA requests vary according to the type of request and that USCIS sorts FOIA requests into three separate tracks. Ms Eggleston also noted the processing time for each type of request.
* Track One FOIA Requests, or simple document requests, are those that request only a specific document, such as a copy of a particular immigration petition.
Processing time: 43 working days
* Track Two FOIA Requests are those where an entire file is requested.
Processing time: 34 working days
* Track Three FOIA Requests are those requests where the individual has a pending hearing scheduled before the Immigration Court.
Processing time: 59 working days
In the FOIA Annual Report for Fiscal Year 2009, the processing times published for USCIS show an average processing time of 215 business days for Track One FOIA requests, 344 business days for Track Two FOIA requests, and an average of 60 business days for Track Three FOIA Requests.
USCIS FOIA Process
As stated on the teleconference, FOIA requests to USCIS can be made with a Form G-639 (PDF - 2 pages, 100 KB) or by written request submitted by mail to USCIS NRC, P.O. Box 648010, Lee's Summit, Mo. 64064-8010; or by fax to 816-350-5785. Most FOIA requests are free, but if fees exceed $25, the requester will be notified in advance of such a charge. Ms. Eggleston stated that a web-based request system would be established in the near future and will be rolled out in two phases: Phase One will be for media requests, while Phase Two will be for all other requests. Currently, the status of a FOIA request can be checked with an NRC receipt number through the FOIA link on USCIS Home Page (http://www.uscis.gov).
Appeals of USCIS FOIA denials or material withheld under FOIA exemptions may be filed to USCIS FOIA Appeals, 150 Space Center Loop, Lee's Summit, Mo. 64064-2139.
As noted in the teleconference, more information on filing FOIA requests with other Department of Homeland Security components, such as U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, is available at DHS | Freedom of Information Act & Privacy Act (http://www.dhs.gov/foia).
Expedite Criteria
By regulation, there are narrow expedite criteria that may allow a requester priority to receive a FOIA response. Expedites will only be granted for cases that present an imminent threat to life or safety requiring the FOIA response, or where there is an urgency to inform the public.
Overall, FOIA requests are handled on a first-come, first-served basis, which is only differentiated based on the three tracks described above, or the occasional expedite case.
Teleconference Questions
In response to questions from callers on the teleconference, Ms. Eggleston stated that certain information is required with a FOIA request to verify identity including name, address, date of birth, and place of birth. Without this information, a FOIA request is incomplete. If information in a file is incorrect, a Form G-639 (PDF - 2 pages, 100 KB) can be used to correct information under the Privacy Act. Another caller asked if USCIS could retrieve an envelope with a postmark from a particular file under FOIA. This documentation might be needed to support an application for adjustment of status under . Ms. Eggleston stated that there is a separate receipt file where payments to USCIS are recorded. If a receipt is requested, the FOIA request should specify that the NRC should search the alien's receipt file.
If records are requested on behalf of a child, Ms. Eggleston stated that names of parents will be requested, and USCIS may ask for proof of parent or guardian relationship before sending information to that party.
Ms. Eggleston said that sometimes in denying FOIA requests for persons with final removal orders, USCIS invokes the 'fugitive disentitlement doctrine' under Meddah v. Reno, No. 98-1444, (E.D. Pa. Dec. 8, 1998). She also said that her office may refer such FOIA requests to Immigration and Customs Enforcement (ICE
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tnite
09-30 02:21 PM
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
more...
ajju
09-07 12:10 PM
Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
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Kodi
11-13 12:53 PM
How do we know that I-140 is "approvable"?
more...
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ebizash
07-26 09:34 AM
CitiBank recently launched their Online Remit service. I used it for the first time last week and the exchange rate offered was best of all other services. Their fee is a flat $1 for any amount transferred. I did the same amount transfer at the same time with Citi as well as Remit2India and I got 16 Paise per $ more with Citi.
Keep in mind, every new business tries to offer best services in the beginning to attract customers and I suspect it will be same with Citi too. So their rates may be great now but could be whole different story in few months. They also disclose in the fine print that the exchange rate offered includes conversion commission.
If I were to order my preference on a permanent basis I would rank SBI, Citi, Remit2India, ICICI and then Western.
Citi's website - https://citiremit.payquik.com/
Keep in mind, every new business tries to offer best services in the beginning to attract customers and I suspect it will be same with Citi too. So their rates may be great now but could be whole different story in few months. They also disclose in the fine print that the exchange rate offered includes conversion commission.
If I were to order my preference on a permanent basis I would rank SBI, Citi, Remit2India, ICICI and then Western.
Citi's website - https://citiremit.payquik.com/
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rajeevkaza
10-30 09:33 PM
Hi,
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
more...
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YesGC_NoGC
06-20 09:35 AM
Thanks
I will see if they agree to that or I will skip this opportunity and look for something else.
What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?
I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
I will see if they agree to that or I will skip this opportunity and look for something else.
What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?
I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
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katewill
08-24 01:20 PM
180K per BEC and 2 of them so 360K cases overall.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
more...
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abq_gc
09-05 04:48 PM
While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?
It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.
It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.
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pathiren
07-20 05:23 PM
May be we should gather momentum, and ask ImmigrationVoice to start working to address the issue of past backlogs as well as future backlogs too. Moderators, please make a note of this thread and direct us on path forward. May be another flower revolution; or may be we should send pens saying "Change the immigration law and make US a beacon of freedom". This will decide the fate of millions of people in US waiting for their GC approval.
All directions from Immigrationvoice would be appreciated.
Thanks again for your response and keep on sending more responses.
All directions from Immigrationvoice would be appreciated.
Thanks again for your response and keep on sending more responses.
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ArunAntonio
02-20 06:13 PM
guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.
Jonty,
I disagree, Number crunching if it can give the members an idea of how long it will take to get the GC will motivate them beyond any thing else. If ppl can see the unreasonable amount of time we have to wait before any thing can happen will make force them to take some action. So if any one can make sense of the numbers and if it is reliable please post it for the benifit of others.
Jonty,
I disagree, Number crunching if it can give the members an idea of how long it will take to get the GC will motivate them beyond any thing else. If ppl can see the unreasonable amount of time we have to wait before any thing can happen will make force them to take some action. So if any one can make sense of the numbers and if it is reliable please post it for the benifit of others.
mhathi
07-20 09:15 AM
I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?
gcadream
02-24 01:33 PM
I'm due for my H1 visa extn as it is going to expire in Apr-2010 and my employer is going to do it anytime soon. I have heard that these days USICS is extending the H1 based on the project end date mentioned on Purchase Order, if that is the case then
[1] does it mean that we can get extn only for 6 months or so instead of 3 yrs [if your I-140 is approved]?
[2] And after six months do we again have to file for extn and pay all the fees again ?
Any help on this issue is highly appreciated.
Waiting to hear back from all of you.
[1] does it mean that we can get extn only for 6 months or so instead of 3 yrs [if your I-140 is approved]?
[2] And after six months do we again have to file for extn and pay all the fees again ?
Any help on this issue is highly appreciated.
Waiting to hear back from all of you.
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