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  • GC_1000Watt
    08-05 03:42 PM
    Hello all,

    Recently I got my H1B stamped at Mumbai India, this was my
    third H1B, and fifth US visa(I got two B1/B2s in addition). The
    US Visa stamping process has been streamlined and better organized
    than it was when I got my first one in 1999!:)

    Process started with me paying visa fees upfront at HDFC bank.
    after paying the fees, they will give two copies of the receipt,
    one for you and one for the consulate.

    Next step is to get yourself photographed. Every photo studio
    in Bombay knows the specification now, so it was no problem.:)
    Get digital copies of the photographs.

    Next step is to go online and fill the application forms. One needs
    to upload photographs and enter the fee payment receipt number
    in the form. Once completed, print the application after saving.
    The application form has a bar code, so please make no changes
    after the printout, if you do one needs to take a fresh print.

    The next step was to arrange an appointment for visa stamping
    which can be done online, once appointment is fixed
    one can go to the visa application center which is very
    near the Consulate at Breach Candy. They will verify the application
    and give you a confirmation of the appointment. Make sure
    that you submit your application form at least three business
    days before the visa appointment.


    To avoid the morning hour traffic we checked into a hotel
    near the consulate. The appointment was 10:30 AM, but we
    reached the consulate at 10:00. The appointment confirmed
    suggested we do not go to the consulate before 10:15, but
    went ahead anyway. The security let us in. :) The consulate
    was full of visa aspirants, and I braced myself for a long wait.
    We submitted our application forms after getting our fingers
    printed.

    To my surprise, we were called for interview at around 10:10.
    The consulate officer commented that I have already lived
    in the US, to which I said yes. The question was repeated to
    my wife, who also had a stint in the US. Then she asked me
    what kind of work I will be doing in US. I gave a rather long
    answer which I guess bored her a bit. My six year daughter
    complained that it she is tired, the consular officer started
    small talk with her. Then she said my passport will be sent
    by courier. By 10:20 we were on our way back home.

    We received our passports separately over the next 10 days.
    surprisingly my daughter got hers within 2 days, but my
    wife had to wait full 10 days!

    I am in the US now :)

    Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
    Also did you submitted H1B fees diff. of new and old fee duting the visa interview?





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  • ramnadhan
    12-12 09:20 PM
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram





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  • subba
    01-04 04:06 PM
    I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
    Hopefully all these new memebers will be active participants and donors.





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  • Anders �stberg
    October 6th, 2005, 10:30 AM
    I don't think the extension tube affects the optical quality, there is no added glass. What you see is perhaps an effect of increased magnification plus loss of light, leading to the need for a faster shutter speed. Using both a teleconverter and extension tube means more risk for camera shake and as you also get closer you may have more motion blur. What shutter speed did you get for the geese images?

    The two birds I posted were photographed at a bird feeding table next to a walkway, they were not very afraid of humans. I had to sit very still close to a tree though as the distance was not more than 12-15 feet. I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.



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  • gauravsh
    05-04 10:36 AM
    I assume you haven't filed your I 1485 yet.

    Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

    When you are in India, you can apply for an H1B and get a visa stamping while coming back.


    Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

    Really appreciate all the answers!!





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  • Blog Feeds
    01-14 08:20 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhnrk7ZA7W0OSlmbJl5K9mtv43ZDmu6ONmflrsF3JLus7t9v3y0MTgqYaLOSfVlVnOFIYxekuvow5gA8sNJKQY-jaaDfOExy_Rx9msnYvduuNn7FmdOnRrViCkuYZuuB3OiBKrrKFxequHX/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhnrk7ZA7W0OSlmbJl5K9mtv43ZDmu6ONmflrsF3JLus7t9v3y0MTgqYaLOSfVlVnOFIYxekuvow5gA8sNJKQY-jaaDfOExy_Rx9msnYvduuNn7FmdOnRrViCkuYZuuB3OiBKrrKFxequHX/s1600-h/uscisLogo.gif)

    The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.


    US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"


    CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:


    Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
    If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
    Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
    Does the petitioner hire, pay, and have the ability to fire the beneficiary?
    Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
    Does the petitioner claim the beneficiary for tax purposes?
    Does the petitioner provide the beneficiary with any type of employee benefits?
    Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
    Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
    The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:


    Self employment;
    Independent contractors;
    "Job shops".
    The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.

    The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:

    Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.

    The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.

    This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.









    https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)



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  • usr2004
    01-25 02:31 PM
    This is for FAFSA student aid application
    I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
    Do I need to report this as student asset? where does this asset fit in?

    I am also facing all of the above issues for my daughter's college admission.

    Thanks





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  • vamsi_poondla
    12-20 12:14 PM
    My Receipt Date is Sept 18th. I changed address before I got my receipt.

    For address change,
    1) On Sept 25th, I filed AR-11 online, then as a chain, modified the addresses on all my pending applications. I got letter confirmations. This happened in Sept.
    2) I also called them in Nov to raise a SR since I did not receive the FP notices. In the SR, I again gave my new address.
    3) Then today I got the status changed as Notice Returned as Undeliverable.
    4) I called USCIS first thing in the morning and again raised a SR
    5) I also took an Infopass to meet field office folks and ask for help

    All this I did to my spouse also.



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  • alien2006
    08-08 08:21 AM
    Location: MA
    Job: Software Engineer-Developer

    Thanks for the reply.





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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
    Options

    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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  • dehradoon
    06-14 07:13 PM
    Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?

    It comes to the address specified on the form that you filled for EAD





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  • gcwanter
    01-25 11:20 AM
    if anything on Earth; the last place to go would be to Indian politicians.
    am not inviting criticism but thats the way the indian system is built.

    i agree and definitely believe more in the US system.



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  • TomTancredo
    01-11 04:21 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side

    Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.





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  • gcForV
    07-12 10:57 AM
    As other mentioned sending a certified letter to all senators/congress would be a good idea.
    sending them all in a 2-3 days span would be good.



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  • mariusp
    07-14 12:20 PM
    So how do you know it's for an EB case?





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  • nogc_noproblem
    04-09 04:50 PM
    1. Supporting Letter
    2. Employment Verification Letter from New Employer
    3 Copies of the Pay stubs from new employer
    4. Relevant portions of AC21
    5. Memo on August 4 th 2003 from William R Yates
    6. Copy of I-485 filing receipt notice for your name
    7. Copy of I-140 approval notice.
    8. Copy of I-485 filing receipt notice for your dependants (if any)

    Hi Gurus,
    I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?



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  • sbmallik
    05-04 10:59 AM
    Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

    Really appreciate all the answers!!

    You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.

    An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.





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  • supers789
    07-18 04:10 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!





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  • rbharol
    01-20 02:48 PM
    This was expected.





    dxldad
    05-12 01:30 PM
    I don't mean to hijack the thread and my PD is 2010 anyway but I have a question also.

    We know that we need to get all this vaccination thing done during 485 stage and a civil surgeon does that. But do we need to get all this done/verified at our regular physician before we go to the civil surgeon?

    All of us have these polio, measles thing done but we don't have a record to show. So does the doc give us new/follow up shots to fulfill the criteria...and we take that to the civil surgeon.

    looks like the civil surgeon is just a stamping authority, the real deal has to be done by our doc. Please let me know.

    The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.





    fatjoe
    03-18 09:44 AM
    I was trying to find the what is invloved in "Preliminary Processing" and this is what I found at
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2ab34436fb933cfd72e8fe53f9aa0 e3c
    (f) Preliminary Processing : The evidence supplied with the application is first reviewed by an officer at the National Benefits Center (NBC) to establish that the applicant meets the basic qualifying criteria to apply: he or she is an eligible alien, and he or she is not statutorily ineligible due to a felony conviction or convictions of three or more misdemeanors. If the applicant passes the preliminary processing at NBC, the application is forwarded to the District Office with jurisdiction over the applicant�s residence for an int erview and adjudication of the remaining eligibility requirements (e.g., continuous residence, physical presence, admissibility, citizenship skills, etc.). If more than one A-file exists for an applicant, files should be consolidated prior to forwarding. If filed by the applicant, EAD and advance parole requests may be processed after such applicant passes the preliminary processing. If the applicant lacks sufficient evidence to pass the preliminary processing, a Notice of Intent to Deny should be issued.

    I am bit confused about the sentence in bold, so does it mean that the person is legally eligible for green card, though he has a record of felony or more than 3 mis-demeanors. My husband has one misdemeanor dur to DUI and his court disposition says "Impaired Driving". So are we to take a lawyer when we go for the interview?



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