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  • DesiTech
    06-01 06:25 PM
    hi viewers,

    any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?

    Also can I transfer to other company maintaining my approved i-140 and PD ?
    What are risks involved here.

    Thanks U all in advance.




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  • EkAurAaya
    03-19 06:43 PM
    no ones ever sold a house on H1B or EAD? :confused:




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  • mali03
    05-26 11:42 AM
    Thanks Immigration Voice Team for all ur hardwork and dedication. You guys rock, man. Appreciate QGA for working with us and hope they keep up the same spirit till this bill passes into law ;)



    Thanks to IV core members, QGA, senators and their staff.
    Kudos to Immigration Voice!




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  • LostInGCProcess
    01-08 12:54 PM
    LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

    I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

    Any comments......

    No. One can continue to work on H1 if its the same company.



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  • leoindiano
    09-15 11:53 AM
    Great Idea...

    I have all the pictures, I have my degree, technical certifications. We can also put the pictures of our homes if we have one.




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  • mhtanim
    12-12 08:48 PM
    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.

    When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.

    As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.



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  • gc_peshwa
    04-14 12:21 PM
    Lets signup for our Freedom...its FREE!




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  • Berkeleybee
    03-01 02:05 PM
    Another improvement if I may:

    Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.

    Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
    We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.

    Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.

    It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.

    You have a lot of suggestions in there let me try and respond:

    (1) Yes, we do have the ability to get in touch with our members by email. However, mass emails are a strategy to use when we want to launch a massive drive. We do send out regular newsletters, urging members to take action.

    (2) We are working to make our webfax feature more transparent. I like your suggestion about letting people know how easy it is. Will try to get that in.

    (3) About a concerted membership drive: I agree and we do have an ad running on Rediff; We are also trying to reach out to large organizations like NetIP.

    (4) I think it would be counterproductive to charge a membership fee.

    One of the big problems that any voluntary organization faces is that there are usually a lot of people with non-specific ideas and not enough people who will take an idea, come up with an action plan and execute it. We need many, many more volunteers who just take the initiative and execute.

    We'd love it if you could help us by coming up with a concrete plan and execution strategy for any one of your suggestions. From idea, to steps to delivery.

    I urge all the type-A get-things-done people out there to swing in to action!

    best,
    Berkeleybee



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  • sheela
    08-15 05:51 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
    Congratulation,


    You said relocated- Did you invoke AC21 and if so, did you inform
    USCIS about your new employer/job? Please, let us know on this




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  • Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.



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  • shreekhand
    08-03 12:39 AM
    Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.

    What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!



    We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??




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  • paskal
    09-10 11:58 AM
    From Siskind's blog on ILW
    http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html

    MORE DETAILS ON SEPTEMBER 18TH RALLY
    Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.

    Immigration Voice has released the following advisory for those attending:

    Travel Advisory for the Sept 18th Rally/Parade



    Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.


    Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.



    Arrival Advisory

    For people arriving at the Washington Monument via WMATA Metro Rail/Bus

    There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.


    (1) Smithsonian Metro Station (closest by walk)

    (2) Federal Triangle Metro Station


    Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.


    Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.

    Walking Directions from Smithsonian Metro



    (1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.

    (2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).

    (3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.



    Walking Directions from Federal Triangle Metro



    (1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.

    (2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)

    (3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds



    For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th

    From Regan National Airport (DCA)



    Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.

    (1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.

    (2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.



    From Washing Dulles International Airport (IAD)



    (1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.

    (2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.

    (3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above



    From Baltimore Washington International Airport (BWI)



    (1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.

    (2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.

    (3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro

    (4) Follow walking directions from Smithsonian as listed above.







    For people arriving on buses (ONLY IV Charter Buses) points south and west



    Points South



    (1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)

    (2)Route 1 becomes 14th St SW.

    (3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.

    (4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points West



    (1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.

    (2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.

    (3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points North and East



    (1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles

    (2) Make a left on to I-395 S and go approx 2 miles

    (3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile

    (4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium



    Departure Advisory


    For people departing via WMATA Metro Rail/Bus



    There are two Metro stations close to the US Capitol West lawn



    (1) Union Station Metro on the Red line. (closer to west lawn by walk)

    (2) Capitol South Metro on the Orange & Blue line.



    Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.



    Walking Directions to Union Station Metro Station



    (1) Head North on 1st St NW towards Constitution ave approx 0.1 mile

    (2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles

    (3) Cross the Columbus Circle to arrive at Union Station Metro.







    Walking Directions to Capitol South Metro Station



    (1) Head South on 1st st NW towards Independence ave, approx 0.1 mile

    (2) Make Left turn on Independence avenue and walk East approx 0.2 miles

    (3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE

    (4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.



    For People departing via IV Charter Buses


    There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)



    (1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above

    (2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.

    (3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station

    (4) Board the bus and your Bus lead/Driver will get you to your destination



    Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.



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  • immi_2006
    01-16 12:59 PM
    There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
    This way you will not be part of the New quota. Hope this helps




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  • gc_chahiye
    08-15 12:11 AM
    I was told by my attorney's office that the application will be rejected if re-filed. I have read though threads which claim that multiple filing is fine, but dont know what to trust!

    I480 filed - July,02, waiting for RD/ND
    I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.

    why did you want to refile? Did you get a copy of the complete filing from your attorneys office to see what they filed? Was something missed in your first filing?



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  • lacrossegc
    09-06 05:00 PM
    " FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.

    The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice

    Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.




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  • gcisadawg
    04-30 01:37 AM
    Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!

    Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.

    -GCisaDawg



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  • mna123
    07-30 08:04 PM
    Thanks Ray and Kondur for your replies.

    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.

    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP. Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here :-(




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  • shreekhand
    07-29 11:23 AM
    Nowhere did I say I am not sure. In fact I am as sure as it can get :)

    The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.

    For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.

    Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.

    If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

    Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.




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  • bbct
    05-02 10:56 AM
    The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.

    My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.




    b_boy
    10-14 02:43 PM
    Basic Thumb rule is none of the insurance for visitors cover any pre-existing conditions, so the insurance you buy mainly covers accidental injuries (falling down from stairs / falling in bath tub / auto accident etc.) and bare minimal medical illness (very basics such as fever / cold etc. believe me if it's some thing else the doctors would relate it to a pre-existing condition)

    you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.

    you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.




    sunny1000
    11-08 03:55 PM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi

    Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):

    Carry the Following Documents with You


    Bring the following documents to your scheduled interview:

    A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.

    Your confirmation page (printed on a laser printer).
    Appointment letter
    HDFC Bank fee receipt

    In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
    One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.


    Note: Please obtain a new passport prior to your interview if:

    - The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or

    - Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.

    U.S. visas cannot be placed in damaged passports.

    If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:

    Plus

    I-797 - the original notice of approval,
    The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
    The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
    Original, plus one copy, of your work experience letters from your previous employers

    First time applicants may consider submitting the following documents:

    Pay slips from current or most recent place of employment
    Names and current phone numbers of the personnel managers at the applicant's present and past jobs
    Photographs of the inside and outside of current or most recent employer's place of business
    Names and contact information of two co-workers from your current or most recent place of employment
    Names and contact information of two co-workers from past jobs
    A complete resume/bio-data and cover letter describing current job duties in detail
    Personal bank records for the last six months
    US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report

    The Consulate will not accept documents received directly from the company by mail or fax.


    If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.


    All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

    Good luck with the stamping and God bless.



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