Wednesday, June 15, 2011

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  • transpass
    08-02 07:46 PM
    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?

    That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...

    Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf

    HTH...




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  • Ramba
    03-28 10:49 AM
    Ramba,

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.


    Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.

    Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.




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  • dilber
    12-04 05:51 PM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.

    Can some one please provide me with the phone number I can call the IO at. thanks in advance




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  • sac-r-ten
    01-08 11:41 AM
    deepakjain:thanks for the latest info on this.
    Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?

    jkm2282, sorry for hajacking your post. Any updates from your side?

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.

    Deepak



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  • gccovet
    10-09 01:27 PM
    This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.

    The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.

    This is really frustrating.

    When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
    Dont know what to do just believe her or try to do something else?

    Need help ! any one out there in same situation???

    I would suggest you not to take this lightly, though some IO on phone said so. I would suggest you to go for infopass ASAP




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  • ras
    06-22 04:23 PM
    Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?

    In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?



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  • saibabu_d
    06-17 11:16 PM
    USCIS has a list of diseases they check for on their website, and herpes is not one of them. If it is, more than 10% of the people applying for GC will be rejected. So, you are fine.




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  • ashkam
    12-07 07:52 AM
    I applied for my 485 in August and then applied for my H1B extension in november. Obviously your lawyer is incompetent.



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  • dilbert_cal
    03-31 11:00 PM
    Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?

    Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.

    And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.

    If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.




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  • eb3_nepa
    07-28 01:37 PM
    Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.

    The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.

    Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.

    So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??



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  • vrbest
    03-23 10:59 AM
    Our deepest condolenses and sympathies to thier families. May their souls rest in peace.
    Please be safe and wear seatbelts always..




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  • PDOCT05
    10-31 09:54 AM
    ^^^bump^^^^^^^^^^



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  • snathan
    03-24 11:45 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!

    If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.




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  • JunRN
    08-26 12:19 AM
    You got your receipts from TSC, right?



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  • reddog
    04-29 10:20 AM
    AAAaaaaaaaaaCHhoooooooooooo!!!!!!!!!!




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  • agv
    03-19 11:45 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.



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  • GCAmigo
    07-09 09:46 AM
    title translated..




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  • acecupid
    08-02 09:31 AM
    hi thank you once again.

    my project is not that much long term project . after completing project again i have to go for " X " location only . In this recession time getting project in same place is very tough and then for every project we cant move our whole family but we single persons can adjust and stay with some friends in that project location.

    I said i moved not we all. sorry for that i might have tell you clearly before . i thought if i write everything its looks like bigger matter. so for suggesting me some guys cant take that much time to read full thing. so i mentioned only important things. anyway i really appriciate your good efforts . thank you.

    In that case I dont believe you have to apply for change of address. You can continue to maintain location "X" as your permanent address.




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  • mdipi
    11-17 04:16 PM
    dont close it...i gotta round up 6 votes...




    sandy_anand
    10-04 11:45 AM
    Is there an equivalent for EB2 in the same website pls ?

    Regards

    Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.




    plongwait
    12-07 03:51 PM
    Hi Everyone,

    We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.

    The thing is my husbnad is on H1 & me on H4.
    His H1 was getting expired in Jan07 & has been extended till May08.
    His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).

    We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.

    Questions:-

    1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?

    If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.

    2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?

    3) Will appointment be available in Feb or we r too late ?

    We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.

    Thanx in advance.:)

    Thsi is my suggestion based on the personal experience. May be it's helpful t o you.

    You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.

    I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.



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