kondur_007
07-27 06:47 PM
Thank you for the post.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
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willigetgc?
11-15 09:14 AM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
ASR
07-08 03:25 PM
Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..
New company lawer is not accepting EAD, even though we don't have written approval confiramtion
How to conivince him to use EAD unti we got the phisical card?
New company lawer is not accepting EAD, even though we don't have written approval confiramtion
How to conivince him to use EAD unti we got the phisical card?
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roseball
01-17 11:11 PM
Hey All,
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.
more...
EB2_Jun03_dude
04-11 11:16 AM
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
ArkBird
09-09 05:37 PM
That sucks big time!
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
more...
dan19
06-28 01:01 PM
Some relief for both legal immigrants and opponents of the bill.
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YesGC_NoGC
06-05 11:02 AM
My employer (decent size company over 700 employees) responded back after several followups I got this answer back
" Wehave not yet started the forms processing as we have been gathering information from all of the employees that qualify for permanent residency".
What qulification they want to do after labor and approved I-140? my PD is Sept 2002 EB3. huh.....
:mad:
" Wehave not yet started the forms processing as we have been gathering information from all of the employees that qualify for permanent residency".
What qulification they want to do after labor and approved I-140? my PD is Sept 2002 EB3. huh.....
:mad:
more...
dogking
08-14 02:56 PM
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
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txuser
05-06 11:22 PM
Following are the documents I attached while applying for L2.
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
more...
Shujaat
05-27 10:33 AM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
Hi,
Can you share you EE copy with me? It will really help me to understand that on which basis your evaluation has done.. Either 13 years schooling and 3 year Bachelor equivelent to US Bachelor...
Hi,
Can you share you EE copy with me? It will really help me to understand that on which basis your evaluation has done.. Either 13 years schooling and 3 year Bachelor equivelent to US Bachelor...
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ras
10-26 01:32 PM
Get images of checks cashed by USCIS, your receipt numbers are stamped on the back side of the checks. Use these RNs to call up USCIS and change your address.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
more...
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sunny1000
02-04 12:14 PM
Juz curious if there is an option to get a Visitor visa without attesting the interview at consulate.
some Travel agents have told My brother in law that they can arrange for Visitor visa without going to consulate. To my knowledge its not possible. one have to attend an Interview at the consulate and do finger prints to get a visa.
Anybody have any similar experience / information ?
Don't trust the travel agents. All visitors to the U.S (with a few exceptions) have to appear for the interview.
some Travel agents have told My brother in law that they can arrange for Visitor visa without going to consulate. To my knowledge its not possible. one have to attend an Interview at the consulate and do finger prints to get a visa.
Anybody have any similar experience / information ?
Don't trust the travel agents. All visitors to the U.S (with a few exceptions) have to appear for the interview.
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sapota
10-18 05:49 PM
DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
more...
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gccovet
08-04 08:58 AM
This is a small idea and let us see if it works.
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
Done!!!
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
Done!!!
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ujjvalkoul
02-28 12:37 PM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
more...
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Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
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wandmaker
02-24 12:22 AM
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
Please share your views.
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
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snathan
08-05 12:06 AM
My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
shortchanged
08-27 07:59 PM
[QUOTE=Lisap;155340
This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
insbaby
08-06 02:36 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
For EB3:
---------
You get married
************* Apply in PERM
First Kid
************* PERM approved, 140 Filed
Second Kid
First Kid goes to Pre-K
************* 140 approved, waiting for PD
Second Kid goes to Pre K
You buy a Home
Kids going to High School
************* PD is CURRENT, appy I485
Kids going to College
Kids graduated
Kids getting married
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
For EB2:
---------
.......
.......
Kids getting married
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
For EB3:
---------
You get married
************* Apply in PERM
First Kid
************* PERM approved, 140 Filed
Second Kid
First Kid goes to Pre-K
************* 140 approved, waiting for PD
Second Kid goes to Pre K
You buy a Home
Kids going to High School
************* PD is CURRENT, appy I485
Kids going to College
Kids graduated
Kids getting married
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
For EB2:
---------
.......
.......
Kids getting married
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
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