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Thursday, July 7, 2011

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  • hbk
    04-14 07:57 PM
    Hello,

    I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.

    Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?

    1. Resume
    2. Master's mark sheets,Degree & Transcript
    3. Bachelor's Mark Sheets,Degree & Transcript
    4. Previous H1B Approval Copies
    5. Old & New passport copies
    6. I-94 Copy (Front & Back)
    7. Client Letter with resposiblities,role,technologies & project details (without end date)
    8. Business card for me from client
    9. Business card for Client Manaager
    10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
    11. Last six months pay checks.
    12. Last three years W2’s (2007, 2008, 2009)
    13. Copy of I-140(EB-2) Approval notice
    14. SSN Copy
    15. Driver License Copy
    16. Degree evaluation report
    17. Contract papers between employer & vendor (not purchase/work order)
    18. Employment Offer Letter between Employer and Employee

    Model : Employer(Consulting) --> Vendor --> Client
    Working for this client from last 20 months.

    Above documents are enough to get approval ?
    What are the chances of RFE?
    What are the chances of approval without & with RFE ?

    I will greatly appreciate your response.

    Thanks.





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  • Maverick1
    11-21 09:16 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    You give all of them (stapled together preferably). Make copies of all of them and keep for future.





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  • vallabhu
    05-29 10:21 PM
    Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

    try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.





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  • shreekhand
    07-04 10:47 PM
    Look at the May VB, it was current, obviously;)


    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?



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  • gcseeker2002
    09-16 02:57 PM
    Hi,

    I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
    There is no problem with travelling on AP. For me, you should not even have second thoughts on personal travel , just go, AP or H1 does not matter as long as you have some form of reentry with you.





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  • raysaikat
    09-13 03:56 PM
    Hello,
    I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

    I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
    Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

    1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

    OR

    • At least three of the following apply to him/her:
    o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
    o A record of major commercial or critically acclaimed success.
    o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
    o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
    o Other comparable evidence

    Aliens in the Motion Picture or TV Industry
    The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.


    When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.



    As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

    Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
    O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.


    We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

    And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

    Thank you for your answers!

    EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):

    Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

    Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

    Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]

    Published material about the alien in professional or major trade publications or other major media;

    Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]

    Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

    Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

    Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

    Performance of a leading or critical role in distinguished organizations;

    Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

    Evidence of commercial successes in the performing arts.



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  • sajimm
    08-16 11:21 PM
    Me and my wife took the chest X-ray and didn�t take the TB skin test. Doctor has checked the �not taken� check box for the skin test and �negative� under the X-ray section in the medical report.

    Wondering this is going to get us in trouble

    Anyone else in the same situation?

    PD 2003 April EB3
    485 applied - June 27th, Receipt and FP notice received.





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  • InTheMoment
    02-06 11:53 PM
    Senthil,

    If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !



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  • psk79
    05-30 12:29 AM
    From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

    Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

    Hope that helps...





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  • Desertfox
    04-28 04:11 PM
    The new administration has definitely something to do with this. Being an AZ resident for a while, I noticed how popular Janet Napolitano was here as a governor, even in this strongly republican state. I am sure her nomination as DHS secretary will bring more positive changes for us.



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  • nk2
    05-05 11:03 PM
    You have successfully signed up for a subscription to Secure $50 Per Month Recurring Contribution using PayPal.

    Your first subscription payment, for $50.00 USD, has already been sent to Immigration Voice.
    ---Subscription Details---------------------
    Date of sign up: Apr. 27, 2009
    Subscription Name:
    Secure $50 Per Month Recurring Contribution
    Subscription Number: S-4CD34410RR712362G



    Secure $50 Per Month Recurring Contribution Subscription Terms:$50.00 USD for each month
    Your subscription will automatically renew at the rates stated above unless you cancel prior to the end of the billing period.
    If you have any questions or concerns about this subscription, please contact Immigration Voice.
    -----Contact Information-----------
    Business Name: Immigration VoiceContact Email: donations@immigrationvoice.orgContact Phone: 850-391-4966





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  • mhssatya
    04-28 08:56 AM
    hyderabad,
    My file is moved to atlanta and my lawyer is from there as well. Where as i'm from virginia. It's been 8 months and I still haven't been called for an interview. Should I be proactive and do something about it or just wait for the interview letter?

    Appreciate your response.


    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.

    Thanks



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  • SunnySurya
    07-17 12:44 PM
    Any Idea, why the processing times have not been released yet?





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  • ivuser9
    12-02 12:01 PM
    What are the docs requested by the VO? Plz update us. I think once you submit all requested docs,your processing will resume

    Good luck



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  • kondur_007
    05-13 01:34 PM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?

    The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.

    It can also be done at 485 stage, but much easier to do at 140 stage.

    Make sure to insert the same A number that came with old I 140.

    Good Luck.





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  • amoljak
    02-09 12:33 PM
    Let's not forget that the reason Immigration Voices exists and the reason we are standing in the long line of immigration is exactly what David Brooks has outlined in the first few paragraphs.

    If India and China were to blow by the US... why would we be here in the first place?

    So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...



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  • krishna.ahd
    11-23 09:53 AM
    if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess
    Something is not right here .
    If your are doing/Completing MBA , you may get all the information from your international /Student guidance office.
    Again Just curious - your English (spellings) why is so - SMS format ??





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  • andy garcia
    02-09 12:47 PM
    I found one of Pappu's post with a list of resources :0 http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8

    Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.

    Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.

    Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)

    With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!

    You guys invented them both. Golf and madcows:)





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  • desi3933
    02-26 12:07 PM
    Don't give advise, if you are not sure.
    Nobody can file AOS, if they are out of status.
    ....
    CONSULT A LAWYER.

    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.



    __________________
    Not a legal advice.





    vamsi_poondla
    09-10 10:00 AM
    I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.

    I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.

    I would love to order online. But starting from Tampa on Friday itself. Is it possible to offer some at DC. I will definitely buy it. (I am sure many will buy)





    justareader
    10-08 08:10 PM
    I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o



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