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  • h1bee
    09-17 08:58 AM
    My H1B was cancelled at the US consulate under 221g and I 797 not returned to me. I work for a consulting company at a major client. I guess the cancellation occurred because of Neufield memo, as in my case the client supervises my work. The reason given in the white letter to me says:

    "your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".

    What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?

    thanks




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  • phillyag
    07-17 07:12 PM
    I will be filing my 485 due to the current changes.
    I am getting married in December 2007.

    1. I am goin to file for my spouse at that time. Is it necessary that the dates should be current in order to file this amendement?

    2. I understand that one can file amendment before or within 180 days of acceptance of 485. is this correct ?

    3. Is there anyway to know that I am nearing my acceptance of 485?

    Your comments are appreciated.




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  • optimist578
    10-17 07:37 AM
    I am in the same situation as thesaintmav. My priority date is Mar 03.
    I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.

    Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.




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  • Mr. Brown
    12-22 06:30 PM
    I thought this was funny and had to post this link :D.

    You now protest when other countries make it difficult for you to get a visa.

    US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)

    I think it works well from both angles (visitor, citizen of India) after the new rules. I am not sure why people were allowed to enter on travel visas if they were clearly coming for business.



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  • laststraw
    06-23 01:47 PM
    Thanks fromnaija.

    Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?

    I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.




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  • milind70
    08-25 09:34 AM
    Hi,

    I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.

    1. Who should apply I824? employer or individuals ( in this case myself)?
    2. If employer need to apply, should it be current employer?
    3. how long does it generally take?
    4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
    5. What other documents are required?

    Please help

    Thanks,
    Vikram

    AFAIK old H4 797 is not important. My wife we did not have a 797 when we came here initially, also we had also lost her old H4 797 (but we had photo copies).Her 485 was approved without any RFE



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  • anilsal
    01-03 12:00 PM
    http://www.indiapost.com/members/sto...?story_id=5938

    The Indian PM asking for liberalized immigration in the developed world.




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  • maheshf
    03-21 03:43 PM
    Please let me know your thoughts. Does amendment means..i will have to wait anothr 180 days from amendment date? I assume it doesn't impact anything else



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  • dale
    04-09 07:15 AM
    OFF TOPIC: Ya3, i just found out that i'm two days older than you :to:




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  • IfYouSeekAmy
    08-21 10:13 AM
    And consider citizenship so you won't have to face these hassles any more.

    Unless it is an expired "conditional status" card, your legal status in the US in no way changes. Only the card expires and not your legal LPR status! I don't quite understand what your "mistake on birthday" comment is all about!

    You are still a legal permanent resident and can apply for a job proving your eligibility with your Social Security card and valid drivers license/state ID.

    Get a new card by filling out form I-90 with USCIS and pay the required fees.



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  • raamskl
    07-08 03:38 PM
    Gurus,

    Or should I wait for the outcome of lawsuit


    please advise

    If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.

    Good luck.




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  • factoryman
    06-19 11:32 AM
    Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.


    What happens if the PPD is posiive and x ray is negative as can be the case in may indian because of BCG Vaccine

    please people with similar situation share yr exp

    thanks



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  • jliechty
    June 5th, 2005, 07:06 PM
    Yes, I like the "floating in air" effect.
    I third that. :)




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  • kumar_77
    03-03 09:45 AM
    Hello ,

    My company file my H1B 3 years back , (from F1-H1), now i have to extend my H1B1 , and my company HR is having a doubt about the fees involeved .

    I am sure i have to pay

    190 $ - H1 Fees
    500 $ - DHS fees

    i am not sure if i need to pay 750$ or 1500$ Data collection fees , please suggest .
    I 129 application says " if same company filing for , second extension of stay , this fees need not be payed " please advise

    kumar



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  • portalsguy
    10-11 10:43 PM
    I just got my labor approved for Masters degree and 3 years exp.

    I have 3 years B.Sc degree and 3 years MCA degree from India and my education eval. shows it as equivalent to MS in computer Science.

    In form ETA 750, under section 14, I have following data

    College degree required:
    Master of Science

    Major field of study
    Comp Sci/Engg,Info Sys Engg

    Experience
    3 years

    Other fields under section 14 and 15 are blank.

    RIR Advertisement has mentioned following
    " Must have MS in Computer Science or Engineering, Information Systems Engineering or foreign degree equivalent with 3 years of relevant work experience."

    I am little confused about "College degree required:" field. It only says "Master of Science". Should it be "Master of Science Or foreign equivalent"?
    Edit/Delete Message




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  • snathan
    04-08 08:41 AM
    I am a resident working on H1b. Got married and wife joined me in July 2010.

    1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)

    Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)

    What are the other options

    2. Item 6d. "Identification documents submitted" ?
    Options are for passport, Divers License, USCIS documentation.

    My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?

    Notorized copy of the passport which shows the valid visa...

    Thx
    .



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  • rameshk75
    01-26 08:40 PM
    I think you have to file in 2 states. Suggest you to consult a tax consultant instead of looking at the IV forums for the answer.

    :confused:

    It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.

    But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?

    Any help will be greatly appreciated




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  • raysaikat
    04-23 03:02 AM
    I went for my AOS interview, everything seemed ok, officer said everything looks ok and he doesnt see any reason why i should not be approved, he however said that he needs to get the FBI clearance background check and that i should get my conditional PR card in the mail, he then stamped on my entrance visa " Cancelled without Prejudice" stamp, I am worried, what does this mean? The word cancel and everything ok does not seem right. Can someone help me please?

    This means that the VISA cancellation has been done as a matter of procedure, not because of any wrongdoing.

    Another common case is when one goes to the consulate for a VISA stamping, then the consulate officer stamps the existing unexpired VISA stamps as "Cancelled without prejudice".




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  • intheyan
    01-29 11:36 PM
    Elaine,
    Thanks a lot for you Reply. I appreciated you valuable time. Yes I am going to apply for AP soon. :)


    Kanshul and Anilsal,
    Thanks to both of your replies. Thanks for sparing some of your time in replying to my e-mail.

    Thanks,
    Intheyan




    sunny1000
    11-26 07:34 PM
    I can not take infopass appointment as I don't have receipt number. Alos, I called up USCIS and they informed me that it is taking longer time for entry and so far they don't see my EAD and AP entries in their system. Although they have received I-485 which was sent along EAD/AP. I just wondering if anyone come across similar sitaution, also does it make sense to file EAD/AP again without any further waiting ?

    Once you call USCIS on the 1-800-375-5283, try the following option sequence:

    1-2-2-6 (key your 485's receipt number) -1-1 (listen to the case status) -3-4.

    The last option (#4) enables you to get to an IO since you "filed a few applications together and think that some of them got seperated or lost".

    If you already tried the above and it was not fruitful, please disregard this post.




    Openarms
    03-24 02:10 PM
    Well they may created it new but the content is old and system needs to be fixed.



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