Happy Birthday Baby Jesus

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  • boston_gc
    01-25 05:49 PM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!

    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.

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  • raysaikat
    03-13 08:26 PM
    Hi All,

    I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.

    This is the matter that I have in my Graduate Status letter.

    "This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"

    Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.

    Please help me what to do with this situation and having letter from the university.

    I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.

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  • gsc999
    06-19 02:08 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.

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  • sundarpn
    06-30 10:55 PM

    You changed on h1b transfer right? not on EAD?

    I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).



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  • ivgclive
    10-08 12:45 PM
    1. How can he use the PIO card to enter and exit India?
    I got PIO Cards recently, but not entered India yet. So far I used only visas.

    a. Does he simply show the PIO card, US passport to enter and exit India?
    I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.

    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.

    a. Do they return the PIO application and its supporting documents before visa could be applied?
    You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.

    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.


    There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".

    If you are close to SF, worth stopping by the consulate.

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  • meridiani.planum
    11-12 02:22 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

    not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
    If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)


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  • bkarnik
    08-28 05:00 PM
    Totally agree with boreal. Also, the category that you qualify for depends upon the requirements of the job and not your qualifications. For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.

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  • gc_bucs
    03-25 01:10 PM
    Well this is a organization that is run by volunteers and given what they are already doing I personally don't expect them to notify everytime a web fax is put up. I just make it a point to check the website regularly and do whatever I can to chip in...thats my 2 cents...
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents


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  • IWannaBeHowdy
    12-01 12:33 PM
    Hello Everyone,

    My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.

    When I do the case search on USCIS.gov site, it says:

    "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."

    I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.


    PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.

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  • Lacris
    08-09 10:41 PM
    I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
    Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.

    Thank you


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  • a very happy birthday to

  • billu
    05-02 05:23 PM
    There are several things that can save you a bit!
    You can do balance transfer on your credit cards in US every year for the amount you usually save in a year.
    So, say you save 25k in a year, take that much amount in balance transfer on a credit card here for one-time 4% balance transfer fee, transfer it to india and pay it in a year after you saved that much.
    You can also take loan on your existing car for close to 5%.

    I took HDFC home loan in india, and knocked out close to 25k every year from it by doing the above.

    thanks a lot for your response. I do not have a house or a paid off car here. I need atleast 40-50k loan. Could you describe the balance transfer thing a little more? I was under the impression that balance transfer is usually from one credit card debt to another one but I did not know that it works like a cash advance too where you can borrow money. Can I borrow 50k from my CC and payback that amount in 2-3 yrs (with savings) without much interest?thanks again.

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  • vasa
    07-12 10:25 AM
    how can he say Hail for Natives (he isnt one) Natives are RED INDIANS and not these people.


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  • beautifulMind
    11-27 04:21 PM
    USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..

    Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all

    1) Give 3 yr ead and AP

    2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)

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  • chi_shark
    12-03 04:28 PM
    Hopefully your attitude is a little better towards actual potential customers, who are business people, who need marketing help in the specific industry that you are in.

    o lord! right back at you! thanks for your concern...


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  • roseball
    01-30 03:12 PM
    I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?

    Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.

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  • tikka
    05-31 11:09 PM
    we need 150 more faxes to reach 5,000

    can some of you please chip in??

    thank you


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  • gcwait2007
    03-24 06:47 PM
    Hello All,

    Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.

    I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.


    Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

    The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.

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    02-25 12:15 PM
    One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
    What does this mean.


    It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.


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  • sbmallik
    10-19 10:13 AM
    Answers below:
    1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
    2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
    3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
    4. Not heard about that.

    10-29 01:49 AM
    bump...Washingtonians.. please come and join us for the meet!

    01-25 11:33 AM
    I was responding to this statement :
    "If the govt can lobby for nuke bill, why they cannot do it for techs?" This is a nonsense topic anyways .. deserves to be closed.

    How nuke bill is related to SKIL bill......

    Admin close this forum.

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