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    1. administrator
      Saurabh

      mmm,
      Selected petitions should know about it by 1st-2nd week of May. Petitions that didn’t make through the lottery should know about it by June. Note this is not a perfect science and just a guess based on historical timelines.

  1. D ANIL SURVE

    hi I am ANIL SURVE from Hyderabad, Andhra Pradesh , India I am an Advocate with 5 years experience in Law civil and Criminal side I am looking for an sponsor to Sponcer me for H1B Visa or any other visa to USA.

    Thanking you

    Anil

  2. Trisha

    Hi ,
    I am done with my Bcom and have 3 years of experience into HR and Administration with reputed firms.I am planning to give GRE and do my MS or may be MBA.While searching for the same I came accross a site where it says there are some universities in US that accept only TOEFL score and there is no need of GRE.Could you please tell me if only TOEFL is enough? and would it create any kind of obstales to get the VISA.?Moreover please suggest me should i go with MS or MBA??

  3. Rahul

    Hi Saurabh,

    I have a L1 Blanket Visa interview scheduled next week. I am sure I can convince VO on the specialized skill. I have IT experience of 6 years and INR salary of 10 LPA and USD Salary(offered) as 110K USD. Can this variance turn out to be negative ?

    Thanks,
    Rahul

  4. Isha

    Hi,

    It seems that F-1 visa is granted for academic degree courses and not for pursuing certificate programs. However, after reading several online articles , I understand that F-1 visa should be granted to students willing to pursue a full-time course that has 24 credits or more and this course could be a degree or a certificate.

    I am currently on H4 visa and have visited colleges to enroll in a certificate program. Some college advisors are of the view that F-1 is only granted for degree programs and not otherwise and others think that F-1 is also granted for certificate programs with 24 credits (full time).

    I would like to start my certificate program ( 2 semester course) on H4 and would endeavour to maintain full time status for the 1st semester, paying in-state tuition rates and later after completion of 1st semester, apply for change of status to F-1 in order to obtain the benefits of OPT.

    My main concern is whether F-1 would be granted, whether maintenance of full time status for the 1st semester on H4 would be considered?

    While applying for F-1 visa, I need to apply for OPT or I can only do so after receipt of F-1 status. As my certificate course would be getting over by end of the 2nd semester, if permissible, when should I apply for F-1 and OPT to get an EAD after my graduation?

    I would be glad if someone could guide me as I am receiving different answers from academic advisors and I am unable to take a concrete decision. If nothing works out, I would consider COS to F-1 visa directly before beginning of my course. Which option would be beneficial in terms of fees and future employment?

    Please help. Thanks.

    Isha

  5. Anu

    Hi,
    I completed my Master of science in Scranton, USA and I have a OPT extension valid till October 2012 but I left USA and came to UAE 8 months ago. I am now interested to get back to USA on work visa. Could you please tell me if my OPT is still valid or do I need a new H1b sponsorship.
    Your suggestions are highly appreciated.
    Thank you

    1. administrator
      Saurabh

      Anu,
      You can return on F-1/OPT only if you are still employed on OPT. Else you should find a H-1 employer while being in home country and then go for visa stamping and then return to US on H-1.

  6. d santhi

    i am planning to do ms in us and im confused to decide when to give gre.whether to take gre in mid may and apply for spring 2013 where there is less chance of getting scholarship or take gre in june and apply for fall 2013 by december so as to increase scholar ship chance.I have started to prepare for gre in dis feb,2012 and i require atlest solid 3 months for preparation.i am a civil engineer and i am working in core company at present, working 6 months and to aim for fall 2013 would give more financial aid but it would lead to wastage of 6 months and can any one tell me which option is more pereferable. i need a scholarship to carry on my education

  7. ABHI

    Hello sir

    I have a question… me and my wife are on H1B now.. and planning for children, after that, do we eligible for any green card or citizenship status throw my child?

    1. administrator
      Saurabh

      Abhi,
      You will not be eligible for GC based on your child. Your child may sponsor your GC when the child turns 18 (not sure about date though). Until then an employer can file employment based GC for you.

  8. ananth

    i need some info . can you pls help me out.
    iam on L2 dependent visa, i want to know whether i can stay in US for couple of months even after my wife(holding L1) moves out of US.

    Secondly do i need to go for Visa stamping when i apply for H1.

    Thirdly, How long will it take for an L2 EAD status candidate to get H1 when any company applies for it?

    1. administrator
      Saurabh

      You need to be careful if you stay in US on L-2 visa even after primary applicant has left US. If in future USCIS considers it as “parking”, then they can take action against a filed application. L-2 is primarily family reunion visa, and understanding is that if the primary applicant leaves US, then family members need to leave as well. The exception is when the primary applicant leaves US for a short visit outside US, and w/ intent of returning to US soon.

      If H1 is filed and approved w/ COS, there is no need to immediately go for H-1 visa stamping, and one can start working on H-1 from the COS approval date. Stamping would be required next time individual travels outside of US and wants to return to US to work on H-1.

      Regular processing would take 2-6 months, while PP will take 15 calendar days. In case RFE is issued then it can take longer.

  9. olufemi

    i like to bring my mum to united state to see her ground children after over 2 years of staying in new york,am a greencard holder,i came with 2 boys and i have 1 here so she ‘s eager to see the 3boys of age 11,7,and 15month.i live with my wife and kids here in new york and work as a resident programme specialist with united cerebra palsy of new york,what did i need and how do i go about it. presently my mum stay in Nigeria with my dad and my 4 brothers and 3sisters.Thank you.

  10. Puppy

    I am working with a client for 5 years and I have all the relevant docs and CLIENT LETTER but just one mark sheet from my 2nd year bachelors degree (distance) from India is missing. I won`t be able to get that done as my univesity is closed. so I need to apply in April. Will I be still be able to apply for H1B? What are my chances of getting it approved?

    1. administrator
      Saurabh

      Do you have the degree certificate from the university? If yes, then it should still be fine. Marksheets are more required when a person has less years of experience or hasn’t done 4 years of college; in which case marksheets help in quantifying the years of education. Degree certificate is good enough to show that you have 4 years of college education.

      However, if USCIS has doubts about the degree, they may ask for more information about the college including marksheets. At that point, you can explain them about the missing marksheet and it’s their call whether to buy it or not.

  11. Bhagya

    Hi i’m Bhagya. I’m in US for one year in H4 visa, my husband is working here for 4 years and my brother is in H1 visa. My parents went to Visa stamping on aug 5th and its got rejected. They have asked my Father’s income, he told that it is 36000 per year(According to Ration card). They gave a pink form and it says their economy level is low, so they cannot approve the visa according to the law and it also says, in future if the economy level increases, they can apply for a visa.
    Consulate officer didn’t see any of the documents. My brother called them and sent an invitation letter, they had all the documents(My brother’s visa documents, company offer letter, pay slip and bank savings and my father’s property documents in India) with them and i need them urgently coz i’m pregnant, my labor will be on November 1st week. can we apply for a visa again?
    And what we have to say about my father’s income if they ask?. This time can we tell his annual income is 4 lakhs?. He is doing a textile business.
    What will we do now? Please Reply…

    1. administrator
      Saurabh

      They can re-apply after addressing the concern raised by the VO. All rejections are computerized so unless there is a genuine income certificate, there is no point in declaring a higher income.

      Were they rejected under 214(b)? If yes, then the VO found them potential immigrants and the only way out is to show strong ties to India. Your parents should also let VO know that their children are sponsoring the trip, and the purpose of the trip.

  12. Anki123

    Hi,I am on H4 visa.Planning to apply in UNCC for MS IT/CS, spring 2012.We are moving to Charlotte on 28 july 2011.If i start my studies from spring 2012 then will i be eligible for in-state fee from Aug-2012 in second sem or i should start my studies from fall-2012?
    If i continue my education on h4 visa ,will i have to face some problem in finding job or i should change my status on F1 while college?

    1. administrator
      Saurabh

      You will be eligible for in-state tuition fees only after being a state resident for more than 1 year. Also, you need to prove your residency to be eligible. Acceptable documents include house rent agreement, driver’s license, utility bill, tax return etc. So get eligible by applying one of these as soon as you move to NC.

      If you complete your studies on H-4, you will not be eligible for OPT, and cannot apply for H-1 under Masters quota. Some students complete their first year on H-4, and then move to F-1 to become eligible for OPT and advanced degree quota. This way they pay lower fees for a year, and then become eligible for OPT.

  13. SuryaKumar

    Hi,

    I am currently in L1B(valid until 2013) for Company A, I got approved(2009 quota) H1B petition from Company B (Consular Process). I am looking to COS from L1 to H1. Hence, i searched a Job and already initiated H1B COS in premium process and also got LCA approved. please help me with below questions,

    1.My I129 is sent to USCIS on 06/30 night, when can i expect receipt notice? will it be thru email or mail?
    2. I have commited H1 client to join the project by 07/06, is there any possibility that my H1 COS will be approved by then?
    3. Can i Join H1 client once my petition is approved in online? or do i need to wait untill i get the docs from USCIS?

    Apprecite your advises, Please let me know.

    Thanks

    1. administrator
      Saurabh

      1. Your employer/attorney will receive the petition number in mail. It may take 1-2 weeks to receive the receipt number (mainly because of postal delays).
      2. There is very less chance of it getting approved by 07/06.
      3. Joining on the basis of online confirmation is also fine. You will be on H-1 status from the date mentioned in the approval notice, and not from the date approval notice is received by you.

      1. SuryaKumar

        Hi Saurabh,

        Thanks for the prompt response,

        If joining by online confirmation is fine, will the effective date be mentioned in online? when will my employer/attorney get the approval notice?

        Also, i am bit nervous whether my COS will be approved or not. My H1 client had given only 2 weeks time to join the project. I am planning to request for 1 more week. Also, I don’t want to leave my L1 employer untill i get all new H1 documents. Please advise.

        Thanks

        1. administrator
          Saurabh

          On 2nd thought, because it was applied w/ COS, you may not get information on whether COS was approved or not online. So even though approval date will be in online confirmation, it wouldn’t say what happened w/ COS.

          So unless there is an explicit information about approval of COS, you should wait for the paper approval and then move to H-1. If it comes w/ I-94, then COS was approved, otherwise it wasn’t.

          1. Suryakumar

            Hi Saurabh,

            Today was the toughest day for me.

            I got the H1 receipt notice and currently in acceptance status.

            Since 07/06 was my H1 project start date and did not get the COS approved, I called my intermediate consulting company and told that i will not be able to join the project as transition is not completed and need additional week’s time. My Intermediate consultant got very angry and they were speachless and were very tough (scolded) with me. Finally, by EOD they told will try to talk to client. Couple of questions,

            1. If i am not able to join the project by new date, can they take any legal action on me?
            2. My H1 emp told that i can start the project as soon as i get the approval email notice, is it true?
            3. How soon i can get the email approval notice?

            Tired, Please advice.

            Thanks

          2. administrator
            Saurabh

            1. I don’t think they can. Have you or your employer signed any documents w/ them yet?
            2. As it’s COS you cannot join on the basis of receipt notice. One can join on the basis of receipt notice only in case of H-1 transfer or extension. In case of COS, one needs to wait for COS approval before joining the H-1 employer.
            3. Within 15 calendar days (that’s the limit for premium processing).

            Good luck!

  14. kushil

    Hi Saurab
    You said FY-11 quota has already exhausted and next quota will open on April 1 (fY12) .But one of my friend gave an interview got oppurtunity letter and with that he now applied for h1.If quota is closed how could this be posble.
    And what is the difference between regular and premium.If i apply in premium whats d advantage when compared to regular

    1. administrator
      Kumar

      Kushil,
      It just could be they are applying for H1B 2012 quota starting in April… If you apply using premium, you should get a decision about H1B visa petition within 15 calendar days.

    2. administrator
      Saurabh

      Check w/ your friend if he has received the petition number from USCIS? The only way he could have received petition number after 21st Jan 2011 is
      – he applied as H-1 transfer (already had an approved H-1)
      – he applied through a cap-exempt employer (not subject to numerical quota).

  15. kushil

    I am on h4.
    Till wht time current quota is open for h1.
    I heard quota will be open till march end.
    and if i apply in next quota which starts in april,shld i wait till october11 to work
    or is there any process to work as soon as i get d oppurtunity

    1. administrator
      Saurabh

      FY-11 quota has already exhausted and next quota will open on April 1 (fY-12), and it will remain until the date it gets filled or 30th Sep 2012 (whichever is earlier).

      Yes, employment cannot start until 1st Oct 2011 provided petition has been approved by then, and you have an I-94 endorsing your status as H-1 and not H-4.

  16. Anand

    Hi Saurabh,

    2day i attended interview in mumbai consulate for H1B the interview went fine I submitted all my employers ‘ docu along with the original i-797 copy to the officer but then the officer gave me yellow 221g slip but there was nothing mention abut which documents they require ??.It is just mention 2 check the website http://mumbai.usconsulate.gov/refused-or-pending-visa.html regularly & if i c my CEAC Bar code number then submit the needful 2 VFS ..

    Pls help me

    1. administrator
      Saurabh

      Probably, they think they have all the documents required for processing and will go through them. They ask for additional documents only if they find something is missing during the interview. At this moment, there is not much you can do, except for waiting.

  17. KingKong

    Hi,

    My VSA interview date is around the corner and my hard disk crashed . Now i am unable to retrive the saved DS 160 application form. However i have the confirmation page. How can i retrive the information in DS 160. Please Please help.

    Distraught KingKong

  18. Kingkong

    Hi,

    Thanks for helping all the utterly confused H1B folks all over the world.
    I have a question regarding H1B VISA stamping in 2011. I am currently living outside USA and received my H1B approval about 5 months ago. I am planning to go for VISA stamping now and my employer has forwarded me the H1B approval notice and offer letter which dated last october but there is no client letter. My employer told me that he can submit them if it is requested at the VISA interview. Is it advisable to schedule the VISA interview without the client letter . Are there more chances to get the VISA rejected.

    Thank you

    1. administrator
      Kumar

      It depends…sometimes visa officer will ask for client letter at visa interview, sometimes VO do not…depends on the company you are representing and luck as well. It is good to have client letter, but if your employer says he cannot unless needed, you do not have much choice there…. There is nothing like direct rejection. Initially, they might ask you for more info and put it on hold…later they verify everything and decide.

      1. Kingkong

        Thanks a lot Kumar for the quick response. appreciate it.
        My emplyer is a consultancy firm. In that case is there more provision to request for a client letter.

        Thanks

        1. administrator
          Saurabh

          In the current environment, it’s safest to have the client letter. However, if you don’t have the letter and VO asks for it, he would issue 221(g) and you would then have to submit the letter. Note that this may cause delays (there are no fixed timelines they need to follow).

  19. Rahul

    Hello,

    I am working in US in H1B visa in a very reputed company. I have 4.5 years of IT experience. I am willing to do MS in computer science in US in the same H1B visa. However, I am a BSc (Computer Science) graduate from India which is a 3 years bachelors degree. From what I have heard, I need to have 16 years of education (4 year bachelors degree) to do MS in US. Is this always true or is there a way around it? Can you please guide me the possible options I have from here?

    Thanks,
    Rahul

    1. administrator
      Kumar

      Rahul, It depends…very few schools might state explicitly they need a 4 year degree. Many say, they want a US equivalent Bachelor degree…It is up to the admission committee to accept 3 year bachelors with 15 years education…Reputed Business schools like Duke(Fuqua) , Dartmouth (Tuck) accept 3 year Indian degrees for MBA….it means, they do consider…I would talk to the school of your interest in person and explain your case along with your experience. You may get away with that 16 year education requirement …

      1. Rahul

        Hello Kumar,

        Thanks a lot for the response. I am working in Charlotte, NC. I am planning to try in UNCC, Charlotte in the Computing and Informatics stream.
        Any help would be greatly appreciated.

        Thanks,
        Rahul

        1. administrator
          Kumar

          Well, I wish I could help more, schedule an appointment with UNCC CS department and talk to them in person…tell your experience…Hope it works out for you…Good Luck !

  20. Suha

    Hello

    I am under H4 visa i went to the SSA office today for applying SSN but they said they cannot give SSN for H4 visa’s i came back home started googling..

    I need process my medical insurance SSA office gave me a form saying SSN cannot be issued for H4 will that be suffieient for medical insurance process or do i have to apply for ITIN (Individual Tax Identification Number).

    And also do i need ITIN (Individual Tax Identification Number) to apply driving license.

    can anyone help me in making this confusion clear

    We live in Poughkeepsie Newyork state.

    Suha

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