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Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.

Thnaks

It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.

I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.

Thanks so much for the info, satishku_2000. That is very good info.

My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!

If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.

seee SFO website...they issue PCC is upto 45 days, I think...
cgisf.org - even better call them

Won't SFO charge $20. Isn't it more than Rs 800. Tinku01 knows from where to buy for Rs100 to Rs200.

why dallas why not chicago lock box

Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
designated as non-profit and the H1B's are mostly within the cap.

No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

If anyone has seen this already, my apologies...

http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



Hello All,

I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer

IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

MC: I am ready to give right away.

IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

MC: Is there any other alternate solution for this �? If so please advice.

IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

IO: Sure�Make sure you submit with in 45 days. Thank you.

MC: Can I ask one question�?

IO: Sure�.

MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

MCL: Oh that�s great�

IO: Yes it is�

MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

IO: That�s good�You are all set to go now. Thank you.

Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

-Sree


Hi Sree, which country immigration are you talking about ? :o
:D

As most of you know USCIS is auditing all PERM applications filed by Fragomen. My application filed on April 20th 2008 also received audit (as filed by fragomen). I was wondering how long is it taking to get the response back for these audits? Anyone receilved response for their audits filed by Fragomen?

This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.

Thanks!

hpandey,

Thank you for your reply. Yes, new H-1B comes with new I-94.

The new 194 should have a date...if u filed extension before expiry of previous 194...i dont see any problem.

We need help from volunteers on this forum to add links in Wikipedia.
I added IV on the indian american page in wikipedia but it was deleted. could more people try to do it. Pls dont edit several pages at one time. the system, considers it as a spam and deletes all. It happened with me so I am urging other people to pitch in.

http://en.wikipedia.org/wiki/H1B_visa
pls add content about IV in the immigration section and add IV links.
----

H1b page (says a lot of things against this visa). we need to write some issues h1b visa holders face when the apply for green card
http://en.wikipedia.org/wiki/H1B_visa
---------
http://en.wikipedia.org/wiki/Immigra..._United_States
need IV link and detail here
--------
http://en.wikipedia.org/wiki/Chinese_American
chineese members pls update this page with IV link
===
http://en.wikipedia.org/wiki/United_..._Resident_Card
green card.
talk about EB green card issues
===
http://en.wikipedia.org/wiki/U.S._Ci...ation_Services
uscis
talk about delays and broken system

if you come across other pages related to immigration pls go ahead and add IV links.

Thanks for your help.

Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.

Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.

Renewing your H1B based on the revoked I-140 would be risky.

I assume he can use the AP after October 2008 for his travel--correct?

As as dated Oct 12, 2008, on or after this date.

Hi Friends,

We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

I always thought the receipt date of my application is the day when our application reached the center.

Can someone help explaining this....

Thanks,

Good Luck to all of you, but nowadays if a person is below the age of 60, getting a Visitors Visa is difficult, but there are exceptional cases too.but no guarantee that they will issue a Visa. Show bank account, or real estate in their names, And also appoint letter may help, but there is no guarantee, only Visitor's visas issued for youngsters are Celebrities, Business persons, diplomats and if you are able to convince US consulate that you will come back for sure. (with proving documents!) otherwise it is difficult to my knowledge.

Now a days RFE is very common. I got RFE on sept 2008 even though I am EB2 2006.


Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....

Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?

It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.

AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?

You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

But you are correct for RD :)


Umm, what if USCIS takes more than 180 days to encash the checks?

Do we have to re-file the application/re-send the check?:confused:

Thank you roseball. What is H1 COE?

In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
Waldenpond :
Thanks for your reply,I read section 311 , it talks about people with advanced degree from US universities , so what about forgein-trained with noraml degree ? will these H1s visas will only for advanced degree ?
Thanks

If your employer questions you.

Tell em you had an appoinment with the Senater. ;)