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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.

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  • alkg
    10-09 07:09 PM
    I filed I485/EAD/AP on 2nd July but no result till date.I Called USCIS Today also and my information is still not in their database.

    It is really frustrating ..........................

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  • Anders �stberg
    May 1st, 2005, 11:57 PM
    Thanks guys!

    I like that edit Fred! Make it a little more subtle and it would work really well.

    Re. dust; yes it was very dry, I was there for maybe a half hour but there was a thin layer of dust all over me and the gear. I don't like it when the teeth crunch on sand from the air. The dust adds to the shots though, much like fog.

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  • smarth
    07-10 10:41 PM
    EB3-I is still 'U'....any prediction for EB3-I in October'09 Visa bulletin?:(


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  • InTheMoment
    06-09 12:52 PM
    I would love to believe that - some predictabilty in the assignment of files to AIO's - but that is certainly not true atleast from what we see from data !

    Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
    Example: Sept 2003, before Oct 2003,....So they are assigning earlier PDs Visa numbers first.
    Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
    This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

    India EB3- PD: June 2003
    Contributed $480 + Monthly Recurring contributor.

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  • conchshell
    04-24 10:01 AM
    I think this is the opportunity that we should not miss ... lets start a letter or flower campaign to reach the member of the sub-committee. I am sure IV must be participating in this hearing.

    On a slightly different note: Its not important that who reported it first. We are not playing a TRP rating game between immigration-law and IV. As long as our goals are same, and we all fight for a common cause, its just irrelevent who reported the news first.


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  • randomagain
    08-26 12:22 PM
    sonic = wow

    I've always liked this one...

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  • diptam
    08-10 11:59 AM
    My check has a temp address of NJ - After that my address changed 3 times ... I didn't even mention that address in G325 because i stayed there for 30 days temporarily ....

    Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...

    I got the info from my friends attorney.
    i want to verify it with my attorney but he is not lifiting phone. he is too busy


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  • vin13
    05-19 09:38 AM
    That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.

    I read a poem by V.Sundaram about our incompetent do nothing PM of India (

    We have a ‘powerless’ Prime Minister
    Who often declares
    I know nothing about Spectrum Scam,
    I do nothing about Spectrum Scam,
    I do not know that I do nothing,
    I do not want to know,
    That I Know Nothing and Do Nothing,
    I do not want to know,
    That I do not want to do what I am not doing.

    Why should I know anything,
    When my supreme ‘Secular’ leader,
    Omnipotent Omnipresent Omniscient,
    Mother Superior Super Star
    Anoints everything,
    Announces everything,
    Applauds everything,
    Approves everything,
    Knows everything,
    Detects everything,
    Directs everything ,
    Does everything.
    For you and me and all
    Is she not EVERYTHING?
    Pleads the Prime Minion Blue Turban :(

    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

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  • sss9i
    07-20 11:37 PM
    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.


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  • pjalan
    03-31 04:45 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

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  • pappu
    05-11 01:24 PM
    they seem to favor unskilled workers category and talk about only 5 thousand Gcs available.


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  • abracadabra102
    07-21 10:57 AM
    LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.

    I am not surprised. USCIS/DHS employees have no accountability and utterly incompetent. They throw around national security whenever someone tries to hold them responsible.

    They made a mess of those VSC-TSC, CSC-TSC, transfer cases and some are still waiting for their fingerprint notices.

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  • apt29
    10-22 03:31 PM
    Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?


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  • Ann Ruben
    05-23 10:19 AM
    What happened between April 2002 and June 2003 when you returned to the US with an H-1 visa? Did you remain in the US? Did you continue working in the US? When did you leave the US to apply for the visa? What information did you provide to the US Consul regarding your time in the US?

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  • 123456mg
    02-17 02:41 PM
    Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.

    I am not an expert and this is just my opinion.


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  • kumar.yerr
    12-15 05:36 PM
    I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.

    I do have a genuine job and had been working for the same client since the day I started working in the US..

    VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.

    Below is conversation:
    1) DS-156, 157 & Passport
    A) I handed him those docs.
    2) Are you returning to the same job?
    A) Yes sir
    3) Can I see the client letter?
    A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
    4) Can I see your Paystubs?
    A) Gave him all the paystubs since May 2007.
    5) Why are the amounts different in paystubs?
    A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.

    He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.

    Couple of questions:
    1) Should i drop my passport along with all other documents?
    2) What is the success rate and
    3) Why do they usually issue an Yellow slip?

    Any help is greatly appreciated..

    Thanks and Regards..

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  • chanduv23
    05-04 04:49 PM
    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.

    Depends on what is in the denial letter. Usually such things need an experienced Attorney to handle MTR.

    MTR has few choices and Attorneys pick the choice based what they want to do to open up ur case. Remember, if u check the wrong box, your MTR may go to appeals office.

    The first step however is to get the denial letter in hand, and then talk to an experienced Attorney to handle ur case.

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  • nanneh
    04-27 06:51 PM
    I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
    Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
    This is my expereince but i would suggest please consult an attorney.

    Yes milind70, you are right. That is the reason i am looking specific format which contains Father's and Mother's information on "BC".

    10-23 01:56 PM
    Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.

    05-08 12:15 PM
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