Capture The Art Blog's

I will fax it on Monday.

Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.

What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.

First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.

Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.

Thanks for this valuable piece of information.

Screw Murthy !!! I have never seen him picking up any good news.

Murthy is a she...and I would but I'm not single. ;)

I am trying to book an appointment at the chennai consulate through the vfs website.
I fill in all the details on the DS 156 application and on hitting continue I do not seem to be getting the printable version with the bar code that we need to print and take to the consulate during the interview.
Another thing is after clicking on continue I am presented with a page to fill in the DS 157 and petition details and after filling that, I just get options to save and exit or go back.
I am not getting options to select a date to schedule the interview.
Any one who has done this recently please hlep, I am stuck witth this stupid thing for a couple of days now.... Please help ;(

Hey sorry to sound cliche' but try using Internet Explorer browser and
make sure you have Adobe Acrobat Reader installed

I recently (july) took an appointment for my relatives and saw a similar behavior - got an empty page after i hit submit - noticed that Acrobat Reader had been uninstalled recently...then I noticed
that for some reason had better luck when using IE (was trying with Firefox before)

cinqsit

My understanding is once you use the EAD, your H4 & H1 status is no longer valid and you cannot have the H visas for backup. Hence the need to get AP, etc, rathgere than reenter on H visa. Check with an attorney.

I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?

It shouldn't be a problem if you get into a financially sound company and hire a good attorney...PERM and I-140 shouldn't take more than 6 months if you hire a good attorney.....

Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS

If you were in India, you would have asked for more OS. huh?

Hi All,

I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

Now here my questions:

1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.

Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

You should consider getting professional advice both for your immigration issues as well as your personality disorder.

Get a life!!!


________________
Not a legal advice.

kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...

hope this helps
Thanks

Agreed. just talk about Bulletin.

Hmm. Another kela. Don't worry MC, your time will come.

The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!

If it's easy enough, please remove "United States" as a choice in the list of countries.

Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).

I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.

this may help also :-

Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)

Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)

Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)

Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)

I have made several attempts to get my money back from my previous lawyer without any success. After complaining about his services, he has sent me an email saying the he will return half of the money because he was not prompt on processing my case and I was not happy with his services. I received that email about 6 weeks ago and haven't seen a dime from him yet. And I do not think I will get my money back from this guy. This was paid for creating my job profile and filing the labor - what this bastard calls an initial retention.

Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?

on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.

For a safe bet its good to have the EAD/AP with you. has foll advantage

- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP

one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.

may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.

all these are my personal views. im not an attorney
thanks

Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.

Got it in hand exactly in a week from application date...(pretty smooth)....

And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

They will adjust it properly in your passport for you...

All the best.

Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007

A bit better but still a little grey. I don't think you can get detail on the chest area for instance and keep the blacks looking black on the rest of the bird.

I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.

Here is another version, with FM shadow recovery set to 2 - and I used a mask to limit it only to the darkest areas.

By the way - when I opened the attachment it looked washed out to me too, because it opens in windows rather than in Adobe PSCS2. They use different colourspaces. - try opening the attachment in an adobe colourspace and see if it makes a difference.

Re the autofocus, it may be that the 100-400 doesn't allow AF. There is absolutely none on the setup I'm using - a 350D + the 100-400L + type II TC 1.4

We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.

My friends is answered differently. His is from TSC and mine are from NSC.

Does any of you know what does "UNKNWON" mean and what consequences it might have.

Yeah! What the hell does it mean? I have the same thing - UNKNOWN...

I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.

As a research assistance, biostatistician, research analyst..

Could I apply as EB2 ?
Am I qualifed?

If you are from a non retro country, EB2 will help. Otherwise not really.

To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.

Kudos to Team IV!! Thank you for all your efforts!