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Everything posted by Chitown01

  1. When you take the date, you will get email from them stating what documents to carry and what to submit but just in general 1. Copy of I-797 A 2. HDFC Receipt 3. Passport bio page copies This might have changed do call or email VFS and confirm
  2. Contact VFS office... there r times when VO say it is approved and then the application gets stuck in admin processing.... They will inform you if they are issuing you a 221 g or holding for admin processing.
  3. Chitown01

    H1b stamping pending though not issued 221g

    What do you mean by "Can I transfer my H1b to the client though my case is with US consulate ? " Do you mean Can your client will file for your h1 b transfer thru consular processing?, If thats the question then YES.
  4. Chitown01

    221g with EVC model, planning EVC to EC

    1. the chances of getting petition approval form USCIS and from consulate are slightly better on EC model compared to EVC model..... 2. Yes, you can go to any consulate, however, they will have information regarding your past rejection, so be prepared to answer questions if they ask... 3. All consulates are strict now a days for EVC/EC model, it all depends on your luck, the VO and paperwork. Good Luck !!
  5. Chitown01

    221g white at tijuana jan 23rd 2012

    Not only Tijuana, even Canada and india They have become very strict with EVC/EC model.....better go to home country for stamping
  6. Yes, you can attend stamping in Canada, however bear in mind that you are on an EVC model, and a lot (not all) ppl on EVC model are getting 221 g's and getting stuck... Make sure you have all the required paperwork and travel only if necessary.... Good Luck !!
  7. On RFE, they must have mentioned, if you dont hear back from us within 60 days of replying contact our office.... Your Attorney should have contacted USCIS long back, asking for the status of the application. Your company[ attorney ]can definitely upgrade the processing to Premium at anytime. Either they can pay for it or YOU. (USCIS allows beneficiary to pay PP fees). Attorney will have to send check and additional information like receipt number and another cover letter asking for upgrade to premium, once they check gets deposited and you should hear back from them within 15 business days i guess.
  8. Chitown01

    H1 B transfers

    So basically, if you dont join employer Y in 60 days, they CANNOT be hold accountable for H1 i.e. pay you So you should join them within 60 days That is my interpretation
  9. What is the reason for she being stuck on admin processing ? Client Letter? your employment issues? If you are on EVC or EC model, chances are you might get one too and be stuck in canada.... If you are direct full time risks are less
  10. Chitown01

    L1B denied applying for H4

    that you only have 3 months left on H1B" --> Yea, my company will file for extension once we get back :-) H1B is dual intent so dont worry about GC stuff and all.... If you apply for extension with premium processing, you might get approval before you go for stamping and you can visa stamped for longer validity.
  11. Chitown01

    LCA and Work location

    Yes, you need new LCA and probably h1 amendment as well (check with your attorney regarding the same)
  12. Regular might take anywhere between 2-4 months... from what i have seen on the forums it is close to 4+ months. on I-129 form there is field for most recent receipt number, i think you need that.....Confirm with attorney once again...
  13. Chitown01

    H1b status Doubt

    Online Status are Not reliable... As long as you have approval notice in hand you should be fine.
  14. Chitown01

    H1 B Amendment ?

    Technically amendment is REQUIRED... If you decide to just get LCA and in new future you go for Stamping... They will surely issue you 221 g stating Amendment is required and you will be stuck till there is approval to the amendment.... Better to get amendment done.... As long as client is issuing letter and wage is greater than prevailing wage... get it done.
  15. To work on STEM your employer has to be e-verified. Just ask your employer to get enrolled, its a free service and No fees attached.
  16. So can this cause future GC processing issue? : Not Really
  17. Chitown01

    H1 B stamping after 221g was issued

    1. Doesn't Matter 2. Yes 3. You can never guess what question VO will ask 4. No 5. If it has a new petition number go for it... make sure you take client letter pay stubs and other related documents with you Chances are they might again issue 221 for additional documents
  18. Chitown01

    H1B stamping in Paris (post-doc)

    Ideally you should go to the home country, but if you cannot go then you can go to some other countries provided consulate in those city/state allows you to apply.... Also, make sure you check the requirements at that consulate properly.... They might ask you why you getting your stamping done in Paris and Not india, have an answer ready for the same.... As long as your F1 was good and your employment is direct and Not like shady desi consultants, i dont think there will be a problem... Good Luck !!
  19. Chitown01

    H1 B transfers

    @mesudhir, Yes, company Z can file for your h1 as well, As long as you have the paystubs proving continous employment and employer is Not Shady Consulting company... there should be no problem... Here is the information on 30/60 day rule on Murthy.com April 17 2009 News Letter : http://www.murthy.com/news/n_emrpay.html When Must an Employer Start Paying an H1B Worker? Posted Apr 17, 2009 ©MurthyDotCom We at the Murthy Law Firm recently have been producing articles intended to assist H1B petitioning employers in understanding and complying with complex U.S. Department of Labor (DOL) regulations. The timing of an employer’s obligation to pay H1B workers is another important topic in this area; in particular, a DOL regulation commonly referred to as the 30/60-day rule. Many of the regulations that apply to employers of H1B workers pertain to the labor condition application (LCA) that must be obtained from the DOL to process an H1B petition. ©MurthyDotCom DOL Regulations Define Start Date for Wage Obligation ©MurthyDotCom The DOL has a regulation that states that an employer who files an H1B petition must begin to pay the sponsored worker the required LCA wage when the worker enters into employment. The DOL defines this as when the worker makes himself or herself available for employment or when the worker comes under the control of the employer. Thus, an H1B employee meets this requirement and the wage obligation begins, in many situations, when the worker is not engaging in productive employment. This can include common situations, such as when the employee is available to start, but is waiting for an end-client assignment, is engaged in any type of training (whether in-house or from the employee's residence), is attending orientation sessions, and/or is interviewing with end-clients or customers for placement. Thus, employers that do not pay their H1B workers who have made themselves available or are in the employer's control, as explained above, can be subject to substantial back-wage assessments. ©MurthyDotCom DOL 30/60-Day Rule ©MurthyDotCom If the H1B worker does not enter into employment, as defined above, and is present in the United States, then the DOL's 30/60-day rule will apply. The relevant DOL regulation states that if the H1B worker does not enter into employment, the H1B employee must be put on the employer's payroll and be paid the full required LCA wage on the 30th day after the employee entered the U.S. in H1B status. If the H1B worker was already in the U.S. when the H1B petition was approved, s/he must be paid the full required LCA wage, at the latest, by the 60th day after the date when the worker became eligible to work for the employer. The worker is considered eligible for work on the start date listed on the approved H1B petition or the date that the H1B petition is approved, whichever is later. Thus, the wage obligation must begin, at the latest, 60 days after the start date of the approved H1B petition. ©MurthyDotCom Example 1 Company A files an H1B petition on April 1, 2009. The requested start date for employment is October 1, 2009. If the H1B petition is approved on July 1, 2009, the eligible to work date is October 1, 2009. This is because the H1B petition requested a start date of October 1, and no wage obligations are triggered before that date, even if the H1B petition is approved. ©MurthyDotCom Example 2 Company A files an H1B petition on April 1, 2009. The requested start date for employment is October 1, 2009. If the H1B petition is not approved until November 1, 2009, the eligible to work date is November 1, 2009. This is because, as of the requested start date, the petition was not yet approved. ©MurthyDotCom H1B Withdrawals May Be Needed ©MurthyDotCom If an H1B worker is in the United States, the H1B-sponsoring employer’s LCA wage obligations will begin no later than the 60th day after the start date on the approved H1B petition. Most employers cannot afford to pay workers who are not working for them and producing some type of revenue or benefit. Thus, in order to prevent or stop the back wage obligation for such workers, it is necessary to terminate the employee and send a withdrawal notification to the U.S. Citizenship and Immigration Services (USCIS). The DOL considers the H1B worker’s wages to be a responsibility of the employer until the date that the USCIS receives a written request to withdraw the relevant H1B petition. The revocation of H1B petitions was covered in our March 20, 2009 NewsBrief, entitled Solutions to Help Employers with H1B Compliance, available on MurthyDotCom. ©MurthyDotCom Enforcement of the 30/60-Day Rule ©MurthyDotCom The DOL is currently enforcing this 30/60-day rule against employers of H1B workers in two ways. First, the DOL is seeking back wages for the time between when an employee enters the U.S. or becomes eligible to work and the time when the H1B employee is first added to the employer's payroll and paid the full LCA wage. Any reduced salary or wage during this time is considered a violation of DOL regulations and can lead to an assessment of back wages and possible fines. The DOL is also seeking back wages covering the period from when an H1B worker last was paid to when USCIS receives a written withdrawal request for the H1B petition. If the employer waits several months to send the withdrawal request, and does not have other clear proof of the termination of employment, there can be an assessment of back wages.
  20. Chitown01

    H1 and H4 issues

    Is it possible for me to travel on my H4 visa to India and get my stamping done there? Yes Meanwhile if my H1B gets approved, will it be a problem for me when i return? No
  21. This might work... No guarantee.... However, if you can get e-mail conversation about attorney stating that those documents are NOT required for dependent visa... i guess that would help as welll.... but be prepared for the worst...
  22. Chitown01

    H1b Transfer

    There is Nothing you could do.... I doubt that USCIS would even read the resume... Personal gut feeling (No garuntee per say) Don't worry... You might mess up things by contacting HR again and updating resume... If you have Certification that is NOt included in your resume, you may update the resume send it to HR and say "...oh you know what i just updated my resume with the XYZ certification information.... so pls use this one....." HR wont have time to compare two resume..... The above is just a suggestion not sure it wrks... i would suggest.... Dont' Do anything... They wont bother reading resume as long as your new company is Not consulting and is legit. Chillax and Good Luck !!
  23. Hello NorthCarolina, How has company 1 applied for your extension? Regular ? Premium? LCA approval for company 2 will take anywhere between 5-7 business days for approval, then your attorney will prepare the petition for submittal to USCIS. Which might take additional 2-3 days and by the time your application is PHYSICALLY received by USCIS, it may take 2-3 more days.... Company 2 has to include your Most Recent Receipt Number on I-129 form, but you need to wait till you receive approval before you can start... Ideally, once you receive approval for Company 1 then approval for company 2 will follow because your I-94 has already expired, by the time your petition has reached USCIS
  24. Chitown01

    H1 Transfer - H4 Status

    1. I dont think so because her visa stamp is valid till 2013. 2. Yes
  25. Online Status are Not Reliable... Its Not a good idea to say online status shows its approved, so it has to be approved.... Your previous employer might have revoked your I-140 and USCIS has evidence of that, hence they are issuing an RFE, you can check with your previous employer if they actually revoke I-140 or not Online Status is just for Reference, it cannot be used as proof.