369
01-03 10:27 AM
Wife is on h1b and has everything, but we just don't want to take a chance in India. Can I get it stamped in Canada? What is the website to take appointment.
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giddi_raja@yahoo.com
07-26 10:07 AM
Friends,
Initially I opted for consular processing, thinking that I may go to India in future and paid all the visa fees and all to NVC in the beginning itself.
Since I was here when the priority dates became current in June, I have sent the AOS packet to my employer to adjust status in US. My employer did not file AOS with USCIS in the given time frame of June (my Priority date is Apr 2003). As you know USCIS changed the visa bulleitn on July 2nd saying that they were not accepting any more AOS applications. I thought I lost this opportunity and planned to continue with consular processing which I opted initially.
Mean while, I have received packet 3 (DS 230 Part 1) from NVC on 9th July. I filled the packet 3 and sent to NVC on 10th July. As you know USCIS revised the visa bulleitn on 17th July to accept AOS applications. So my employer sent the AOS application to USCIS on 18th July.
As of 20th July, my packet 3 was reviewed by NVC and they said it was ready to go embassy abroad. I thought I made a mistake. I would have continued with Consular process and would have obtained the GC in 2-3 months at this stage. Recently I wrote a letter to NVC saying to keep the file at NVC until USCIS requests it for AOS processing as my employer filed AOS.
1- Will NVC keeps the file with them until USCIS requests it for AOS processing or just sends it to consulate as USCIS may delay sending the request due to the volume of applications. I am not sure whether they will consider my written note or not.
2- Are there are any complications here which may delay my GC processing?
I appreciate your help in this regard.
Initially I opted for consular processing, thinking that I may go to India in future and paid all the visa fees and all to NVC in the beginning itself.
Since I was here when the priority dates became current in June, I have sent the AOS packet to my employer to adjust status in US. My employer did not file AOS with USCIS in the given time frame of June (my Priority date is Apr 2003). As you know USCIS changed the visa bulleitn on July 2nd saying that they were not accepting any more AOS applications. I thought I lost this opportunity and planned to continue with consular processing which I opted initially.
Mean while, I have received packet 3 (DS 230 Part 1) from NVC on 9th July. I filled the packet 3 and sent to NVC on 10th July. As you know USCIS revised the visa bulleitn on 17th July to accept AOS applications. So my employer sent the AOS application to USCIS on 18th July.
As of 20th July, my packet 3 was reviewed by NVC and they said it was ready to go embassy abroad. I thought I made a mistake. I would have continued with Consular process and would have obtained the GC in 2-3 months at this stage. Recently I wrote a letter to NVC saying to keep the file at NVC until USCIS requests it for AOS processing as my employer filed AOS.
1- Will NVC keeps the file with them until USCIS requests it for AOS processing or just sends it to consulate as USCIS may delay sending the request due to the volume of applications. I am not sure whether they will consider my written note or not.
2- Are there are any complications here which may delay my GC processing?
I appreciate your help in this regard.
frostrated
10-12 03:11 PM
i have recently stopped over in dubai on my way back from india. there is a dubai tourism counter at the lower floor just inside of the security area. ask for directions and they will guide you out there. at the tourism counter, they will help you get a hotel and visa sponsorship. the hotel i got was for about $95 a day, and it was like a luxury apartment. the hotel also arranged for our transportation to/from the airport, in addition to going around. They will hire a taxi service. It cost us about $50 for the taxi.
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arun397
11-27 10:24 PM
DA's Office filed a motion to dismiss my WOM in Southern California.
My attorney said he reply to it soon...any inputs!!!
Regards
Arun
My attorney said he reply to it soon...any inputs!!!
Regards
Arun
more...
sayantan76
10-10 09:55 AM
Is it justified that so many years are being wasted?
Is this not abuse of human rights?
Is this not let down of expectations set by USCICS to its customers?
Is there no legal recourse possible? Is there any precedent to this? Is it possible to rally funds to start a class action lawsuit against USCIS?
USCIS is not selling goods or services and you (or me) are not buying anything from them - so there is no customer relationship
No body forces you to waste your golden years nor is there any human rights angle.......
Is this not abuse of human rights?
Is this not let down of expectations set by USCICS to its customers?
Is there no legal recourse possible? Is there any precedent to this? Is it possible to rally funds to start a class action lawsuit against USCIS?
USCIS is not selling goods or services and you (or me) are not buying anything from them - so there is no customer relationship
No body forces you to waste your golden years nor is there any human rights angle.......
dan19
09-28 10:17 AM
Have anyone filed who filed their H1 Transfer (non-preminum) after Sept 1st received the Receipt?
more...
GC9180
04-23 08:30 AM
most think retrogression and unavailable visas are problems of GC. In matter of time they will fix it (1-2yrs). CIR bill at the min. will fix recapture which should resolve it. I feel the next hurdle could be the H1B and GC process scrutiny + the job market to maintain your h1b till you get GC.
Earlier they used to layoff if the company didnot perform, well today, they layoff either way by outsourcing to earn more $$$
to US
year 2000 "WELCOME, YOU MAY COME IN"
year 2010 "PLEASE EXIT, THANK YOU"
year 2020 "welcome again???"
Earlier they used to layoff if the company didnot perform, well today, they layoff either way by outsourcing to earn more $$$
to US
year 2000 "WELCOME, YOU MAY COME IN"
year 2010 "PLEASE EXIT, THANK YOU"
year 2020 "welcome again???"
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nashorn
12-16 03:54 PM
About the future pay. I just gave an option for consideration. Use it or not, will depend on the case and should be dicided by an atterney if you want to do it right. Did I mention find an atterney everytime?
Both industy and acdemic institute can have a "scientist" job title. But the industry would pay $90k while the acdemic pay $50k, and the requirement would be $70k or $60k. So if you write $50k in the petition, you'll have a probelem. The requirement is a kind of average from everybody. Since its an average, there must be something higer than it, and something lower than it. If you think you have a good reson why yours is lower, and can conveince USCIS to waive the requirement, like the atterney I wrote about (again, who is from a big firm), you can give it a try. Again, it is an option based on real case, though not successful, montioned here for consideration.
All these are real case based info, making sense or not is your judgement. But if it was me whose fortune is at stake, I'd take these to a capable atterney, and ask for apinions.
Both industy and acdemic institute can have a "scientist" job title. But the industry would pay $90k while the acdemic pay $50k, and the requirement would be $70k or $60k. So if you write $50k in the petition, you'll have a probelem. The requirement is a kind of average from everybody. Since its an average, there must be something higer than it, and something lower than it. If you think you have a good reson why yours is lower, and can conveince USCIS to waive the requirement, like the atterney I wrote about (again, who is from a big firm), you can give it a try. Again, it is an option based on real case, though not successful, montioned here for consideration.
All these are real case based info, making sense or not is your judgement. But if it was me whose fortune is at stake, I'd take these to a capable atterney, and ask for apinions.
more...
harivenkat
06-17 03:38 PM
Below is the link This bill was introduced May 2009, and with the judiciary committee
S.1085: Reuniting Families Act - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-s1085/show)
At present publicily this is not discussed but Harry Reid et al is discussing this to include with Agjobs. Will update you as soon as something opens up regarding this.
News
National Immigration Forum - Policy Center (http://www.immigrationforum.org/policy/update-display/whats-happening-with-immigration-reform/)
AILA - Web Resources (http://capwiz.com/aila2/issues/bills/?bill=13389281)
thx for the info .... its interesting to note organizations list (S.1085: Reuniting Families Act - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-s1085/money)) that support this bill .. and this firm that connects money and votes.... (MAPLight.org U.S. Congress: Research Guide | MAPLight.org - Money and Politics (http://maplight.org/us-congress/guide))
http://maplight.org/us-congress/bill/111-s-1085/367953/timeline-of-contributions
S.1085: Reuniting Families Act - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-s1085/show)
At present publicily this is not discussed but Harry Reid et al is discussing this to include with Agjobs. Will update you as soon as something opens up regarding this.
News
National Immigration Forum - Policy Center (http://www.immigrationforum.org/policy/update-display/whats-happening-with-immigration-reform/)
AILA - Web Resources (http://capwiz.com/aila2/issues/bills/?bill=13389281)
thx for the info .... its interesting to note organizations list (S.1085: Reuniting Families Act - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-s1085/money)) that support this bill .. and this firm that connects money and votes.... (MAPLight.org U.S. Congress: Research Guide | MAPLight.org - Money and Politics (http://maplight.org/us-congress/guide))
http://maplight.org/us-congress/bill/111-s-1085/367953/timeline-of-contributions
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Jaime
02-12 05:53 PM
It's good to debate, but given the current state of the economy most people will express negative views related to any type of immigration (legal or illegal) just read those comments on Cafferty's blog, they are mostly negative. The American public has always been misguided to think of all or most immigrants as illegal, so they will lash out at any immigration discussion for as long as the economy continues to deteriorate. Our best hope is that the economy improves.
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bigboy007
08-08 03:15 AM
I did the same thing in September 2008, when I filed my renewal forms for both EAD and AP. I called the Customer Service Center the next day and informed them. They made a correction online. I also sent them a cover letter stating the mistake I had made in switching the last and first name.
All these corrections were not reflected on the receipts. However the EAD and the AP itself had the correct first and last names. I guess, they use the A number in the system while issuing these renewed documents.
You should be fine.
I did the same mistake... I included the details in a separate letter to NSC but the FP Notice received has the same error , did you guys face the same problem ? was ASC able to change it on their end. When i called uscis Cust service numb they asked me to write it in letter rather no Service request be created .. Please post your updates...
All these corrections were not reflected on the receipts. However the EAD and the AP itself had the correct first and last names. I guess, they use the A number in the system while issuing these renewed documents.
You should be fine.
I did the same mistake... I included the details in a separate letter to NSC but the FP Notice received has the same error , did you guys face the same problem ? was ASC able to change it on their end. When i called uscis Cust service numb they asked me to write it in letter rather no Service request be created .. Please post your updates...
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GCBy3000
08-30 05:15 PM
Check this forum in IV "Fortnightly conference calls with Immigration Lawyers"
There are explanations from attorney. It did not mention anything about what happens to your H1B / H4 status if the 140 is revoked? H4 status would be more interesting to know about? It only says you cannot retain the PD.
The 3 year extension is based on approved 140. Once the 140 is revoked, it is not valid. All the documents liked to 140 should also become invalid. This is purely my opinion for which I would like to get a concrete answer. If this is true, then switching is advisable if and only the previous employer with whom 140 is approved guarantees not to revoke the 140.
Also once the 140 is revoked the PD is not transferrable technically. But this is not mentioned clearly anywhere in law it seems. Some attorneys do use the approved/ revoked 140 documents to capture the PD and some attorneys do not do it. If an attorney does it and if you are able to keep the PD you are lucky.
Again if the employer revokes the 140 and substiutes the labor for another person and gets 140 approved, then this employee will also be entitled to this PD. If you join the new employer and and somehow use this PD, then two people will be using the same PD. For some reason if you get into conflict, then you will be one who needs to forego the PD.
Again all are my views.
1 year extensions:
Looks like the question comes from the point of 7th year extension and changeing employer from employer that started labor and new employer. Even if your 7th year extension is not applied or not approved from the company that applied your labor, you can apply for H-1B transfer along with H-1B 7th year extension with the new company giving evidence that your Labor indeed was pending for more than 365 days. You do not need apply and wait until you get 7th year extension with your current employer in order to join a new employer. This way you are making INS rich by giving two fees' to get the H-1B approval for the same period.
7th,8th...year extensions are allowed even with the new employer based on the evidence that your labor or I-140 is pending for more than 365 days before your 6 years H-1B date is reached.
3 year extensions:
Once I-140 is approved you can get three year extensions provided you are subjected to retrogression, ie you cannot apply for I-485 because of retrogression or even though your I-485 is applied, you cannot get approval because your PD is not current. In this situation you can get 3 year extensions with the company through which your I-140 is approved and also from a new company along with H-1B transfer you can request 3 year extension showing the approved I-140 from old company and showing the proof that you are indeed subjected retrogression.
PD portability:
Once the I-140 is approved the alien owns the Priority Date and this date is inter transferable between EB applications (1,2 and 3). Alien owns the PD even if the I-140 is revoked by employer. The only case this PD is not owned by alien is when USCIS revokes the I-140 because it is fraudulent.
Hope things are clear here.
There are explanations from attorney. It did not mention anything about what happens to your H1B / H4 status if the 140 is revoked? H4 status would be more interesting to know about? It only says you cannot retain the PD.
The 3 year extension is based on approved 140. Once the 140 is revoked, it is not valid. All the documents liked to 140 should also become invalid. This is purely my opinion for which I would like to get a concrete answer. If this is true, then switching is advisable if and only the previous employer with whom 140 is approved guarantees not to revoke the 140.
Also once the 140 is revoked the PD is not transferrable technically. But this is not mentioned clearly anywhere in law it seems. Some attorneys do use the approved/ revoked 140 documents to capture the PD and some attorneys do not do it. If an attorney does it and if you are able to keep the PD you are lucky.
Again if the employer revokes the 140 and substiutes the labor for another person and gets 140 approved, then this employee will also be entitled to this PD. If you join the new employer and and somehow use this PD, then two people will be using the same PD. For some reason if you get into conflict, then you will be one who needs to forego the PD.
Again all are my views.
1 year extensions:
Looks like the question comes from the point of 7th year extension and changeing employer from employer that started labor and new employer. Even if your 7th year extension is not applied or not approved from the company that applied your labor, you can apply for H-1B transfer along with H-1B 7th year extension with the new company giving evidence that your Labor indeed was pending for more than 365 days. You do not need apply and wait until you get 7th year extension with your current employer in order to join a new employer. This way you are making INS rich by giving two fees' to get the H-1B approval for the same period.
7th,8th...year extensions are allowed even with the new employer based on the evidence that your labor or I-140 is pending for more than 365 days before your 6 years H-1B date is reached.
3 year extensions:
Once I-140 is approved you can get three year extensions provided you are subjected to retrogression, ie you cannot apply for I-485 because of retrogression or even though your I-485 is applied, you cannot get approval because your PD is not current. In this situation you can get 3 year extensions with the company through which your I-140 is approved and also from a new company along with H-1B transfer you can request 3 year extension showing the approved I-140 from old company and showing the proof that you are indeed subjected retrogression.
PD portability:
Once the I-140 is approved the alien owns the Priority Date and this date is inter transferable between EB applications (1,2 and 3). Alien owns the PD even if the I-140 is revoked by employer. The only case this PD is not owned by alien is when USCIS revokes the I-140 because it is fraudulent.
Hope things are clear here.
more...
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Ann Ruben
05-22 05:39 PM
Unfortunately, you don't have many options at this point. Once an I-140 is denied, denial of the I-485 usually occurs as well, and your EAD will be cancelled.
Do you have any possibility for filing a self petition as being extraordinary in your field or based on the fact that you are engaged in work that is important to the US national interest?
Do you have any possibility for filing a self petition as being extraordinary in your field or based on the fact that you are engaged in work that is important to the US national interest?
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uma001
12-16 08:31 AM
Complicated situation.
Came to the US on H1B Visa, 3 years, 2009-2012, with valid I-94.
Got laid off, but didn't leave the country and therefore became "Out of Status".
Stayed out of status for over 1 year.
Applied for new job, got offer, prepared paperwork and applied for NEW H1B (NOT a transfer since I was out of status). Did this through sponsoring company & their attorneys.
New H1B was approved.
Now I have to leave & reentry to get a new I-94, according to the lawyer.
I've heard I might not be able to go to Canada or Mexico and have to go to my homecountry? My attorney on the other hand says all I need to do is leave&reentry without even going through a consulate, just to get a new I-94.
Just want to double check that I'm not making any mistakes by going to Mexico instead of my home country (Italy).
Thanks!
Sparta,
Not sure which profession are you in? Since you had one year gap in employment, if you go to canda or mexico, at the consultate, they may ask for paystubs for this period or W2s..My friend was out of project for 2 months , he did not have paystubs, At canada, they ask him for paystubs, he could not show and they put a query, he was in canada for two months,visa rejected and went back to India.
Also, I would like to know how did your H1 get approved without any RFEs since you did not have any pay stubs for one year. Also you were not on project. Usually USCIS ask for letter from client and latets paystub for approval of H1.
Came to the US on H1B Visa, 3 years, 2009-2012, with valid I-94.
Got laid off, but didn't leave the country and therefore became "Out of Status".
Stayed out of status for over 1 year.
Applied for new job, got offer, prepared paperwork and applied for NEW H1B (NOT a transfer since I was out of status). Did this through sponsoring company & their attorneys.
New H1B was approved.
Now I have to leave & reentry to get a new I-94, according to the lawyer.
I've heard I might not be able to go to Canada or Mexico and have to go to my homecountry? My attorney on the other hand says all I need to do is leave&reentry without even going through a consulate, just to get a new I-94.
Just want to double check that I'm not making any mistakes by going to Mexico instead of my home country (Italy).
Thanks!
Sparta,
Not sure which profession are you in? Since you had one year gap in employment, if you go to canda or mexico, at the consultate, they may ask for paystubs for this period or W2s..My friend was out of project for 2 months , he did not have paystubs, At canada, they ask him for paystubs, he could not show and they put a query, he was in canada for two months,visa rejected and went back to India.
Also, I would like to know how did your H1 get approved without any RFEs since you did not have any pay stubs for one year. Also you were not on project. Usually USCIS ask for letter from client and latets paystub for approval of H1.
more...
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chanduv23
07-09 02:22 PM
I have also changed company as our US Division was merged with another company. I transferred my H1B to the new company. I have I-140 approved last year and filed for I-485 in July2007. My old company is not going to revoke my I-140. I asked my attorney to file for AC-21 with the USCIS. This is his reply. What do you guys think about informing USCIS and sending offer letter to them without RFE or NOID?
"It is not required to inform USCIS of your job change and your intent to use AC 21. You have an approved I-140 and I-485 has been pending for over 6 months. I have had clients who ported under same circumstances and received their greencards without issue. Also, there has been some incidences of I-140 being revoked especially for people from India. I am hesitant to submit such a notice to USCIS as I don't want to draw any attention to your case with the current revocation atmosphere."
Interesting. Looks like the COs maybe targeting specific community??
"It is not required to inform USCIS of your job change and your intent to use AC 21. You have an approved I-140 and I-485 has been pending for over 6 months. I have had clients who ported under same circumstances and received their greencards without issue. Also, there has been some incidences of I-140 being revoked especially for people from India. I am hesitant to submit such a notice to USCIS as I don't want to draw any attention to your case with the current revocation atmosphere."
Interesting. Looks like the COs maybe targeting specific community??
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same_old_guy
07-17 11:28 AM
Why are you here really ? for what exactly ?
But can the core members know for sure what CIS is going to do? I mean guys sitting on the top of CIS are the one making the decisions and I dont beleive IV members will be paged by CIS when a decision is made. I also do not beleive that CIS is negotiating with any non government organization (i,e AILA, IV or anyone else). I doubt if anything is going to happen..after all but I sincerely hope I am proved wrong.
But can the core members know for sure what CIS is going to do? I mean guys sitting on the top of CIS are the one making the decisions and I dont beleive IV members will be paged by CIS when a decision is made. I also do not beleive that CIS is negotiating with any non government organization (i,e AILA, IV or anyone else). I doubt if anything is going to happen..after all but I sincerely hope I am proved wrong.
more...
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lazycis
11-28 07:17 PM
Thank you
I also maintain a spreadsheet of favorable cases (you can refer to those in your opposition). Check it (you'll need google account) and look for cases from your district.
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
I also maintain a spreadsheet of favorable cases (you can refer to those in your opposition). Check it (you'll need google account) and look for cases from your district.
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
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jonty_11
07-18 04:16 PM
guys u are answering the wrong person who didnt open the thread.
My advice is to no answer any labor subs questions on this forum. IGNORE>
My advice is to no answer any labor subs questions on this forum. IGNORE>
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immigrationrocks
09-10 10:24 AM
My receipt number starts with WAC (CSC-TSC), my wife and myself got approval email on 4th of Sept.
Here is what I done, not sure that triggered approval:
On Sept 2nd, we called up National Service Center and opened SR.
Took an info pass for 4th, on 4th morning prior to appointment we got our approval email.
Just be patient and hang in there, you will get there.
RD: June 2007(CSC)/ Sept 2007(TSC)
PD: May 2004.
Good Luck !
Here is what I done, not sure that triggered approval:
On Sept 2nd, we called up National Service Center and opened SR.
Took an info pass for 4th, on 4th morning prior to appointment we got our approval email.
Just be patient and hang in there, you will get there.
RD: June 2007(CSC)/ Sept 2007(TSC)
PD: May 2004.
Good Luck !
bestia
07-11 03:26 AM
I think the case will be settled. USCIS will not want discoveries, subpoenas - lawyers will start requesting all that to find more violations, to extend the case (it's a usual thing). From the other side - USCIS will start scrutinizing all the July cases - no doubt they will find tons of minor things. Like all the procedures of Labor Certifications (job search, interviews, records), will start doing discoveries on employers, subpoenas. they can make a big headache for plaintiffs and their employers. In short - everybody will want to settle. So I think USCIS will agree to accept whatever thousands of cases - and that's gonna be it..
jcrajput
10-01 04:15 PM
Can anyone please explain me what is the meaning of soft and hard LUDs and when it occures?
Thanks in advance.
Thanks in advance.
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