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  • jonty_11
    12-15 10:34 AM
    recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.

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  • austingc
    12-24 10:25 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

    Sorry to hear about your I-140 denial. Can you tell us why it was denied?

    1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
    2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
    3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.

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  • loudoggs
    08-27 05:46 PM
    Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.

    Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.

    I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.

    Hope this helps.

    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)

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  • saatiish
    05-14 12:02 AM
    something new, I did not know that.

    BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.

    A slightly off topic - but how did you know that your 485 was approved ?

    Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.


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  • franklin
    07-11 06:03 PM
    I can make some calls.

    Thank you - I've just sent you a pm

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  • JP McMahon
    November 23rd, 2004, 11:01 AM
    I hope this does not happen to my precious.

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  • yabadaba
    06-14 08:04 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?

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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".


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  • jayleno
    09-25 11:15 AM
    Awesome. If a picture is worth 1000 words, a cartoon is worth atleast 25000 to 50000 words approx.


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  • kaisersose
    12-17 10:16 AM
    This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.

    USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.


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  • qualified_trash
    10-05 02:11 PM
    I used to work with someone who is a Canadian citizen (but originally from France). he once told me that every close friend of his applied and got through except for him..........

    I think he continues to apply every year.........

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  • anemmani
    01-04 01:46 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?


    I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

    Good luck,



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  • dealsnet
    12-17 07:29 AM
    From this year, there is a time limit of 6 months to apply the I-140 after the labor is approved. I don't know from which date they started ( I assume july 2007). If it is true, 6 months is approching to file i-140 before your labor from company A going to expire. Act fast.

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  • krish2005
    09-18 02:39 PM
    One never knows on how CIR will encompass the legality of the undocumented.

    My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.

    These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).


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  • ramaonline
    03-27 10:55 PM
    $50 from me

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  • like_watching_paint_dry
    01-08 10:59 AM
    The bad part is when you look to answer the question "what are the odds that the first baby of a new year would be born to an illegal leech?" .. There are so many illegals out here that they have good odds of having a sweepstake winning baby, while legals suffer all kinds of bureaucratic hurdles.

    They should give the baby the money and CIS should deport the illegal woman.


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  • rajeshalex
    08-22 07:05 PM
    I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...

    We can ask the USCIS to give the data in a below format

    Receipt Month, PD Month, Category, GC Approved Month or similar format

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  • Dhundhun
    12-10 04:47 AM
    IV is doing self-immolation by not removing red/green/grey DOT system. Many IVans are fed-up with this and lost interest in providing feedbacks.

    DOT giving system is public domain reputation system, refer to

    Used positively, this system is very much useful, but if abused, it creates chaos.

    My feeling is that some anti-IVans are screwing IV through creating chaos now and then.

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  • sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).

    10-18 01:04 PM
    I have the exact question with duttasurajit -- my title for green card is computer information system manager, and I'd like to take a job for technical lead / architect. The job duties are very similar. Will that cause a problem?

    btw: I don't know why so many people apply under the title of 'computer information system manager'. If you search, hardly any position come out with this title.

    Thanks everyone for the valued response. One last question:

    I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
    What happens in this case? Is it still risky to pursue AC21?

    08-05 11:30 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I think you will need to pay USCIS when you apply for citizenship :D

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