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h1bnogc

07-10 11:36 AM

Hi Ann:

I would like to ask related questions in this thread..

what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?

Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?

Many many thanks for your response...

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ksrk

09-22 07:49 PM

We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)

Hi senk1s,
When did you make this travel over air?

I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).

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JUSTIN BIEBER 2011 PHOTOSHOOT

rvr_jcop

02-17 04:53 PM

Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?

Yes, according to English Calendar :)

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justin bieber 2011 photoshoot

Legal

07-16 08:39 AM

I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.

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redelite

08-27 05:18 PM

haha, good to know I'm not the only one.. and Thanks guys! :D

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karan2004m

08-04 11:23 AM

I read a stupid thing in one of the thread
"I-140 will not be approved until PD is current" ,
Is this true?

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bmoni

08-19 09:25 PM

Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.

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ashkam

07-24 08:27 AM

If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.

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pcs

08-01 09:31 AM

bump

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gc_check

07-14 07:18 PM

My lawyer has everything ready to go, Will monitor the situation and will decide accordingly... Most likely, looks like mine will be applied towards the end of July... Also depends on what August VB has to offer, but her concerns are what if USCIS not receipt nor reject and hold the papers, saying the cases are subject to litigation and will not process until a court decides....? etc... and mean time if the dates become current.... what needs to be done...

Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....

Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected

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sanjay

09-18 11:37 AM

AILA Leadership Has Just Posted the Following:


H.R. 3200: Sec 246 — NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.




Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.

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micofrost

04-16 05:01 PM

This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks

Call uscis and ask them send the refund to IV. Anyway, the money is gone from your a/c.

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alkg

10-09 07:09 PM

I filed I485/EAD/AP on 2nd July but no result till date.I Called USCIS Today also and my information is still not in their database.

It is really frustrating ..........................
:(:mad:

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satishku_2000

08-02 02:54 PM

^^^^^

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NolaIndian32

09-01 11:12 AM

Guys, i don't know how USCIS works, i don't care at this point in time. Just wanted to share with this group, that i did not get a 2nd FP notice. My FP was done on 9/28/07. And as Fromnaija said earlier in this thread, a 2nd FP may not be required if FPs were stored in Biometric Storage System - well, i got my "card production ordered" e-mail today. Hope to have the green card in hand by the end of the month. So again, not having a 2nd FP notice may not be an issue.

Best of luck to all,
Nola

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glus

09-15 02:48 PM

I can see it. Refresh your browser

Thanks inskrish for the news.

Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!

Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???

I understand your frustration. However, it just means that the are "processing" those applications. That being said, does not mean they will approve them, but will perform the initial processing of those applications. Then, the applications go back to a "waiting line" for their PDs to become current. This is why sometimes some I485s get approved right after their PDs become current(within days). This is because some of them are pre-processed. This is what the Processing Dates mean on the USCIS website. It means "being processed". I hope this makes sense.

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anemmani

01-04 01:46 PM

Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .

My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

Here is the timeline

Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .

Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

nit_sea,

I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

Good luck,

Nag

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gemini23

08-02 01:35 PM

Sanju,

This is indeed related to immigration issues, as many people have to get birth affidavits from india to usa and other places. I dont see whats wrong in using IV to discuss this courier issues.

Also, I dont know why would you link this with DC rally. I assume in good faith that people are going to show up at rally if they can, based on their circumstances.

Please do not make generic negative assumptions.

Peace.


People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.

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njboy

09-11 01:35 PM

well, he is talking only about the backlog processing centers...so..there are no i-140s backlogged in the BPC because.......there are hundreds of thousands of labor certifications that need to be cleared first..only after which they can apply for i-140! Like I said, he is focusing on the positive, which is a good thing..Someone else (erroneously) said that the department of labor and the backlog processing centers are 2 different entitities..however, I'd like to point out that, the job of clearing the labor certs has been transferred over from the state workforce agencies to the backlog processing centers..so, ignoring that, and saying there is no i-140 backlog is just focusing on the good news..

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rogerdepena

08-01 10:47 PM

These are applications entered into the system on August 1st, not the ones received on August 1st.


i disagree, they usually put the date of receipt in there and not the encoded date.

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Project_A

10-27 10:07 AM

Thank you.

If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

Thanks a lot for your kind help.

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rajeshalex

03-25 10:24 PM

I had asked a question ( FOIA )requesting to president to make USCIS publish pending applns based on
country of birth and pd.

http://www.whitehouse.gov/openforquestions/
Search for "immigration uscis"

Please vote for this.

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Cameron Diaz as Elizabeth

RajWantsGC

05-12 09:57 PM

Hello Gurus,
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?

Any help will be highly appreciated.
Thanks
Raj

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Bad Teacher starring Cameron

minimalist

10-28 01:18 PM

Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

I Wish God Give me Strength to Fight Legal Immigration Injustice.

When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

So, I know god is with me.

Wish all so deserved people Green Card this year.
This is the first time I came across.

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Cameron Diaz

ItIsNotFunny

12-17 03:27 PM

I had posted my query on another thread but thought of creating a new one with all the updates.

My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

My question to you all are:

1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?


Thanks!

I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.

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Cameron Diaz as Elizabeth

krishmunn

03-04 12:24 PM

I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

*******
655.715 Definitions.

Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

***

20 CFR 655.734 (a) (2)

(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


****

Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

2) When one move to a different Metro (or out of commutable area), a new LCA is required.

It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.

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saran4

03-03 09:58 PM

hi ,

Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....

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cox

August 8th, 2005, 03:19 PM

That's awesome! What made you think of doing that?
Thanks, I was really happy it worked. I wanted to shoot the tide pool waves, and get this effect without having to wait for a "perfect" morning (you can accomplish the same thing just before dawn or after sunset). I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here. This technique allows for pretty much any exposure time, and I wanted like 20s to get several waves. A couple of words of caution if any of you want to try it too (and you are welcome to do so).

You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light. You must buy linear polarizers. The good news is that they are cheap by comparison (<$50 ea).

Autofocus won't work worth a damn.

Adding two polarizers to the lens multiplies the internal reflections (I had problems with this, 3 or more reflections of the sun)

It vignettes at super-wide focal length on my zoom. I would always expect vignetting with a prime lens.

With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV. I suspect a lot of these pictures will look great in B&W.

There is a lot of potential here I think, and thanks all for the great ideas/suggestions on what else I can try. :)

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chi_shark

09-04 12:12 PM

Tell your friend that it will be more fun to watch grass grow than filing for gc...

just kidding... if he just needs I-140 approved so he can continue to get 3 year H-1 extensions, then its a good idea to start PERM.

One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

Thanks you for your time.

His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

Thanks
-M

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Cameron Diaz as Elizabeth

vactorboy29

02-24 12:51 PM

Basic purpose of our forum is to create awareness/educate legal Immigrants so that they can get help for there cause at the same time we get some help from them to push forward this movement. Recently we are seeing big inflow of queries because economy is bad our brother and sisters getting in deep trouble.
How we can voice our concern in this bad time key is to find the solution.
My thoughts on this................
1) Get the help from our Indian/Chinese community on all levels like city, state and national level.
2) We will run advertisement campaign about, who we are and where we stand. This adv. could be air on Lue's show or even on other popular shows...
3) We need lobbying in congress .I know we have this in this place but we can show our strength through legal Indian/Chinese Immigrant plus Indian/Chinese American citizen then we got big weight in our plate.
4) To get all of the above and may be more we need Money and Man power to execute this.

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ras

10-13 09:09 PM

All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.

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immigrationbond007

07-04 06:26 PM

Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)

I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.

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See All Cameron Diaz Pics »

leonqiu

06-14 09:06 PM

What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

Status:
PD: May 2006
I-140 approved.
EB-2

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Cameron Diaz

prom2

10-30 08:25 AM

My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.


I haven't received them yet.

Thank you.

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Munshi75

08-08 06:47 PM

include options for all the people in the EB-3. Are you trying to discrimiate recent applicants? I am one of them with 2006 PD.

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Cameron Diaz as Elizabeth

LostInGCProcess

01-21 06:11 PM

Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.

Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

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FredG

August 8th, 2005, 12:15 PM

I love that shot! Wonder how a flock of small birds passing by (not overhead) would look with their erratic flight paths?

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desi3933

01-23 01:18 PM

....
Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE???
....
.....


Please provide following details -
1. H1 (and I-94) validity dates
2. Date of filing for EAD and I-485
3. Date of EAD approval

____________________
Not a legal advice.
US Citizen of Indian Origin

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Cameron Diaz as Elizabeth

looivy

02-25 07:40 AM

Hi:
Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.

No.

Can a legal expert provide advice as to whether I can use EAD/AP to get in?

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johnamit

07-12 01:43 PM

My company has filed more than 200 in early July, I checked with attorney yesterday and he said so far not even a single check has been cashed and none returned.

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sanju

02-01 11:22 PM

:D
My a** was burned with big electricity bill last winter when I was in apartment . If I put 70 hall will be very hot and bed room will be very cold. If I put 75 bed room is ok but people in hall are sweating. No proper control because of poor maitenance and also the apartment location.


Did you try setting it to 72.5, that might have worked :p


.

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gconmymind

08-14 12:58 PM

A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

I do not think there is any logic or facts to support this argument.

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