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05-25 08:30 AM
As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
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transpass
09-26 04:50 PM
We should not mention who we are speaking to in a public forum. This will trigger all kinds of opposition flooding to whomever you mention, which will work against us
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
I agree - It's not a good thing. Moreover, it might push the wrong buttons if person from one state sends letters/faxes to the congressman from other state. I would not be surprised if the congressman would not care since you are not from his district. You can also check if you can send the letters/faxes to your state senators...
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
I agree - It's not a good thing. Moreover, it might push the wrong buttons if person from one state sends letters/faxes to the congressman from other state. I would not be surprised if the congressman would not care since you are not from his district. You can also check if you can send the letters/faxes to your state senators...
kmuralidhar
08-22 12:12 PM
I am on the same boat. My case was transfered to NSC and my receipt number starts with WAC.
I am a July 2nd 2007 filer. When i spoke with an IO few days back, he told me that they will process according to the NSC processing dates even through the receipt # starts with WAC. The IO has also confirmed that even though the case has got two receipt dates (one with CSC RD and another with NSC RD), they will consider the first one (July 2nd) to process the case.
I am a July 2nd 2007 filer. When i spoke with an IO few days back, he told me that they will process according to the NSC processing dates even through the receipt # starts with WAC. The IO has also confirmed that even though the case has got two receipt dates (one with CSC RD and another with NSC RD), they will consider the first one (July 2nd) to process the case.
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sevenm
03-02 02:34 PM
Thanks a lot logiclife. Your response means a lot to me.
more...
smartboy75
08-25 05:19 PM
bump ^^^^
boreal
08-18 02:11 PM
Bump
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YOu might have already tried this - pls try emailing any school association there (Indian Students Association) - that might turn up good contacts. They are a couple of good universities out there like Chapel Hill...
/\/\/\
YOu might have already tried this - pls try emailing any school association there (Indian Students Association) - that might turn up good contacts. They are a couple of good universities out there like Chapel Hill...
more...
oliTwist
12-12 05:24 PM
There was another thread on this change.gov already and we posted some of our stories in there. This I think will work and can be done by all sceptics here.There is no harm in writing abt your story and get their attention to our plight.
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johnggberg
08-12 10:38 AM
dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck
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pbuckeye
01-27 03:50 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
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Bytes4Lunch
08-17 11:07 AM
What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
more...
tarone
12-02 01:54 PM
hi sunofeast_gc
Its been over a month now and have not got any response.
Should i apply for 1-140 before my 6th yearh h visa ends.
I have already applied for 7th year extension but i still have few days left for 6th year h visa.
Can you tell me how did you approach to fix the PD i.e should i approach only via my lawyer or directly and by which means like email, phone, letter etc and which department.
thanks
Its been over a month now and have not got any response.
Should i apply for 1-140 before my 6th yearh h visa ends.
I have already applied for 7th year extension but i still have few days left for 6th year h visa.
Can you tell me how did you approach to fix the PD i.e should i approach only via my lawyer or directly and by which means like email, phone, letter etc and which department.
thanks
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mrjonie
10-29 03:58 PM
I havent received my EAD/AP, only received receipts..i applied on Aug 15th.
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happy2006
05-20 07:45 PM
HI
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
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andyny73
12-10 10:11 AM
Thank you for your reply.
Andrea
Andrea
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giveme_gc
10-17 02:38 PM
I have got federal loan under this same situation. Wondering why you need a private loan ?
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dog123
01-11 09:23 PM
Thank you
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Azgc005
06-22 10:11 AM
My company has been getting mine done thru premium processing..The latest one took exactly one week from the date of receipt
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pappu
04-19 02:19 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
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gccube
06-15 03:55 PM
It was applied in April at TSC and it was a substitution case.
minimalist
09-10 02:54 PM
Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
chintu25
08-16 02:36 PM
hI wALKING dUDE tHANKS FOR jOINING IN .....yOU CAN HELP BY POSTING BANNERS AND POSTERS IN groceries and temples and other places such as gyms etc to propagate our cause . You can find the slogan/banners in thread posted on mainpage or i can email u some all the best
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