looivy
05-03 08:04 PM
Hi All,
Need help to determine what should I do.
I stayed in India for a month but since my application did not clear, I entered USA on AP because my boss was getting mad that I had to extend my vacation and I did not want to risk losing my job.
Mumbai consulate has now sent me an email saying that admin processing has been completed (after more than 60 days ) and are asking me to submit my passport. BTW, the DOS in DC still says my app is pending admin processing.
I am in USA now as a parolee. Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.
Please advise.
Thanks.
Need help to determine what should I do.
I stayed in India for a month but since my application did not clear, I entered USA on AP because my boss was getting mad that I had to extend my vacation and I did not want to risk losing my job.
Mumbai consulate has now sent me an email saying that admin processing has been completed (after more than 60 days ) and are asking me to submit my passport. BTW, the DOS in DC still says my app is pending admin processing.
I am in USA now as a parolee. Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.
Please advise.
Thanks.
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bala50
07-26 09:58 PM
I think there is no truth to this. Can anyone point to a link to verify?
Found this link at Thomas site
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110ZxCj9J:e407783:
Found this link at Thomas site
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110ZxCj9J:e407783:
GCA
09-15 01:05 PM
hahah, interesting, funny but logical... I guess they just did not think through all this and why would they :mad:
Had they able to think that far, may be many of the issues we face today wouldn't have cropped.
Had they able to think that far, may be many of the issues we face today wouldn't have cropped.
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bondgoli007
08-01 12:59 PM
Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
Hi chmur,
Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.
http://www.govtrack.us/congress/committee.xpd?id=HSJU
I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....
All the best IV!!
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
Hi chmur,
Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.
http://www.govtrack.us/congress/committee.xpd?id=HSJU
I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....
All the best IV!!
more...
franklin
09-11 05:12 PM
I ordered mine last week, but they still haven't arrived.
How long did it take those who have them already to arrive?
How long did it take those who have them already to arrive?
manderson
05-24 01:08 PM
we need to be on front page of CNN, FOX, MSNBC etc. if we want to make a difference.
By the way , i did send several emails to CNN. But looks like we are gonna have to wait till someone covers us in media.
just make sure it's not Lou Dobbs!
By the way , i did send several emails to CNN. But looks like we are gonna have to wait till someone covers us in media.
just make sure it's not Lou Dobbs!
more...
immigrationvoice1
03-06 02:21 PM
I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved
You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.
You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.
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prom2
07-22 12:03 AM
You are saying as if one has a choice.
If you file before August 17 then you have to pay the old fee. If you apply after August 17....
This is correct
If you file before August 17 then you have to pay the old fee. If you apply after August 17....
This is correct
more...
kaisersose
05-28 12:43 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
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vijse
12-20 06:56 PM
CBP = customs and border patrol
defferred inspection site is an office in which there are several immigration and custom officers stationed. What they do there ,i don't know .
defferred inspection site is an office in which there are several immigration and custom officers stationed. What they do there ,i don't know .
more...
milind70
07-26 01:04 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
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himu73
08-14 12:47 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
more...
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wandmaker
11-05 10:43 AM
......
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
...
If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
...
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
...
If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
...
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saketkapur
07-06 02:46 PM
Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.
I am now with a different employer and using my EAD since May this year.
Hope this helps......
I am now with a different employer and using my EAD since May this year.
Hope this helps......
more...
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sukhwinderd
08-22 02:41 PM
you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
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fromnaija
12-16 12:08 PM
I got it correct yesterday .
Thanks for the advice.
For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!
Thanks for the advice.
For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!
more...
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thomachan72
06-04 11:38 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
No, they said may be this Friday / next week.
No, they said may be this Friday / next week.
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meridiani.planum
10-12 08:37 PM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
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gconmymind
10-29 04:25 PM
which service center?
Send email or call your consulate in India. They will either be able to update it or let you know what to do. You should be able to correct by hand when you go for the interview.
Send email or call your consulate in India. They will either be able to update it or let you know what to do. You should be able to correct by hand when you go for the interview.
EBGreenCard
07-30 12:40 PM
True for most of us on this forum.
desi3933
08-13 11:26 AM
USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.
It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]
It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]
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