Monday, June 20, 2011

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  • GC_Optimist
    12-01 03:29 PM
    Not an amended H1. It is an H1B extension for 3 years after I140.

    The question is if you have this approval in your hand (whose start date is after your current visa validity) and you return to the country within your visa validity, will the official have I-94 valid till the end of the new approval or till the date your current visa is valid?

    According to "Last Action" Rule of USCIS, there is a possibility that your H1B extention approval becomes invalid because the POE gave validity till your visa end.

    Seems all so screwed up. But red-tape rules are never white and black.

    http://www.murthy.com/news/UDnjsem.html
    There is mention of Last Action Rule.


    There are 2 approaches for this .
    1. If you have a valid Visa(plan to get Valid Visa) for U.S . you can go abroad and then come back with I-94. -- This is Risky since it Border Patrol
    which comes into picture and may or may not be positive.

    2. You can file for amended H1.(It is still called amended H1. Amendment is to the I-94 dates). This is processed by INS . You still need to keep your fingers crossed but INS has been postive in almost all cases.





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  • diptam
    06-10 03:03 PM
    I know this topic has been discussed in other threads as well and those threads got buried over the Period of time but this is getting beyond limit now - let me know if anyone has any good idea or if we can do anything together......

    My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.

    a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.

    b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.

    c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.

    d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.

    Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?





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  • deafTunes123
    08-27 03:25 PM
    Well Said.

    Seems nothing is believable unless you see the GC in mail box;).





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  • aadimanav
    07-03 12:24 AM
    Legal workers lose chance at green cards
    By SUZANNE GAMBOA
    ASSOCIATED PRESS WRITER


    http://seattlepi.nwsource.com/national/1152AP_Immigration_Green_Cards.html



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  • qesehmk
    05-11 04:54 PM
    Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
    Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?

    Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
    Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
    Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
    Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
    Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?

    Thanks.





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  • kumar4875
    06-20 08:53 AM
    Why was your I140 denied after it was approved? Provide more details

    What did your denial letter for I140 and I485 say?

    My I-140 was never approved..

    there was a first RFE for my exp letters,

    and then there was an enquiry against Employer
    and then RFE for A2P
    and after answering A@P it is denied.

    while it was pending, during July07 fiasco we applied for I-485.



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  • chanduv23
    09-19 01:04 AM
    I could have rallied all night..
    And still have begged for more
    I could have spread my wings
    And done a thousand things
    I've never done before
    I never know what made it so
    EXCITING!!

    Nice meeting u and ur kid is so sweet :)





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  • techbuyer77
    09-18 06:41 AM
    my lawyer as always only wanted me to pay in full :mad: however yesterday I got fp code #2 for 10/2/7 so i will take that day off and get appointment again!!! :eek: and will be back with news



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  • kondur_007
    08-21 12:24 PM
    Kondur, based on your signature, you have 3 active applications in the system. I understand EB1A, thats you sponsering yourself and no labor needed. EB2 with PD 02/08 is employer filed with PERM and I140 and whole nine yards. if I understand it right, EB2 NIW is also something an employer should sponser (or atleast help you with some documentation) and you file I-140 directly like EB1A. I know parallel applications are OK and EB2-NIW or EB1A are surely faster. but is there any reason behind that many applications at same time (other than increasing your probability of atleast one going thru?)..

    There is a reason for multiple I 140s in my case. There are benefits to each of them:

    1. EB2 PERM based: already have it approved.
    Benefit: already approved. Lock the PD.
    Disadvantage: Not current. Upon approval you have to work for the sponsoring employer.

    2. EB2 NIW:
    Benefit: No committment to work for a particular employer. Just work in the same field as NIW. Easier to get approved than EB1. Not sponsored by employer; self petition. Attorney files it with no extra charge with EB1 (only additional filing fees)
    Disadvantage: not current.

    3. EB1A (My best bet!)
    Benefit: Current and will remain current. Upon approval no need to works for a particular employer; just stay in the same field. Not employer sponsored.
    Disadvantage: Very difficult to get approved.

    Hope this clarifies....





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  • gee_see
    09-19 11:13 AM
    Relax guys. My online status still showing "Fingerprinting fee rejected and case is in suspense" despite having finger printing done at ASC a year back.



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  • punjabi
    09-10 08:31 PM
    I don't know much about Canada PR, but the 2nd option sounds good to me. Make sure your new employer is willing to give you a Joining Letter with the similar job responsibilities, job title, etc upon which your 485 is based.

    Good Luck.





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  • javadeveloper
    03-10 12:11 PM
    In the form it looks like this:

    Permanent address
    (a) In India:

    -----

    (b) In County of domicile

    --

    I am clear with In India but confused with In County of domicile

    Can some one please explain what it is?? Is it country instead of county?



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  • sertasheep
    07-04 10:31 AM
    The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:

    Thank you ChanduV23

    - On behalf of the Core IV Team

    I am a highly-skilled professional who entered this country legally. I’ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers have been unavailable (“retrogressed”) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be “current” for the month of July. This meant, irrespective of our “priority date” (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This “priority date” refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.

    Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.





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  • HereIComeGC
    10-02 03:06 PM
    Yeah, sticking up for the Muggle-born :)

    Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.

    Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.



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  • bindas74
    05-15 08:32 AM
    Hi Gurus,

    I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:

    "The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."

    How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
    How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
    Please advise.

    Also, during the AP filing, I got this:

    "On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "

    What an I supposed write in the document that I am going to send to USCIS?

    Please advise.

    Thanks in advance,

    HI Gurus,
    Please someone answer..





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  • raj2fly4
    07-12 04:04 PM
    Orginally posted by sodh
    What jurisdiction mumbo jumbo are they giving your pp is still valid in all states in the US for H1-B.

    The seattle, WA office or any other local office doesnt accept form I907 (which is for PP). After my case transfered to seattle, WA my employer tried to convert into PP. He sent it to USCIS, CA they said it is not with them so they can not accept it. Then he sent it to Seattle, WA with all the letters attached. The seattle office rejected the 907 saying they dont accept 907 in their office.



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  • vrbest
    03-10 11:15 AM
    Some Bank Notary's tell that way.. Once I had the same answer. Went to another branch and got the notarization.. You can try different branches in your area.

    For Photo - any light background is ok. Infact I did it myself thru online website and printed in walmart.. got the renewal in less than 10 days.

    as per http://www.indianembassy.org/newsite/NEW%20PASSPORT.asp#1

    The following documents and fee are required to be submitted with the application:

    � After having filled the application online, print a copy.

    � Affix photograph as per specification in the box (do not staple photograph)

    � Old Passport (in original)

    � Additional booklet, if any, (in original)

    � Three recent passport size photographs (3.5 cm x 3.5 cm -front facial pose). Photograph should have only a white background. (Photograph with coloured or dark glasses or in uniform or in Polaroid prints or Computer prints will not be accepted). One photograph to be pasted on the space provided on the first page of the application form

    � Two proofs of residential address of the applicant, which may include current Driving License, Utility Bill, rent lease agreement showing the residential address.
    Photocopy of the first five and last two pages of the original / old passport;

    � Pages of passport showing US visa or Green Card (in original) Employment Authorization Card (in original) or other visa documents must be shown at the counter. A photocopy of the entire document / Card should be appended with the application (in case the application is sent by mail, a notarized copy of these documents should be sent);

    � In case application for Green Card or EAC or visa is pending/being processed, a copy of documents in support of this fact must be submitted;

    � In case the current passport does not contain the name of the spouse and the applicant wishes to have it entered in the new passport, copy of notarized marriage certificate must be submitted along with the application.

    I am confused with few things in the above list of reqd documents:

    1.It says white background , But I am only able get Cream colored background photos in CVS or Walgreen's
    2.When I went notary in Bank Of America , the lady at bank says that she can't do notary for any copy of the document , she says she can do notary for a Application form that is signed in front of her.Same with marriage certificate.

    I am confused and I need to travel by the end of this month.I need to drive 10 hrs 1-way to go to the consulate personally.





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  • gc_check
    02-27 12:15 PM
    I know of a colleague who lost her father but could not go to perform the last rites because she did not have the H1 stamped and the earliest appointment that any consulate in India was giving her was 4 months away.

    She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ.

    The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.





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  • yabadaba
    06-20 11:04 AM
    Then, please have the courage to start one. :) It is not very difficult to start a chapter. It is preferable to lead than be led. ;)

    jansilal...ltnc!!!! how r u?





    javadeveloper
    03-10 11:08 AM
    I don't know if it is really easy to renew in US.Because i just filled the form with this link https://passport.gov.in/nri/OnlineRegistration.jsp?pocode=USAW and saved the application.I thought It'll save my details , but It looks like it sent the application to embassy.When I wanted to reprint the form it's asking the Web File No which I never received.May be I need to call them for this #.I tried to fill the form and save again.It's coming up with blank page without any Web File No.

    When I called officer , he says server may be down try in the evening.Not sure if it works this time.





    ItIsNotFunny
    03-28 08:08 AM
    Hi All,

    Found this on murthy site as well as on shusterman website...is this going to add any extra mile to the things we already doing for a while?

    -Madhu

    Looks like organization is still under construction.



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