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BeCoolGuy

04-04 07:39 AM

Just two cents -

One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.

Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...

If it still gets revoked, you always have MTR option.

try to use a good attorney to do the job, especially if you to go MTR way.

Goodluck

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shana04

01-31 01:21 AM

Friends,

Need help and suggestion.

To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

I leave in a single bed room ground floor 785 Sq ft.

I have called the customer service for dispute and investigation.:mad::mad::mad:

Has any one encountered this kind of problems with electricity department. please enlighten !!!

:confused::confused::confused:

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gcformeornot

02-11 08:15 PM

I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...

As far as denial is concerned, I am still waiting for the notice...

Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.

Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?

Please suggest...

Thanks,
Gagan Chodhry

replying to my question. Did you or did you not receive new I-94s?

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tabletpc

05-28 02:31 PM

Thanks guys...some kind of relief ...!!!!

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ronhira

09-18 09:42 PM

USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.

uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....

u may want to look for uscis definition of backlog....

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dbevis

October 12th, 2003, 07:20 PM

Both of the following are about 500KB, so beforewarned...

I put a smaller beetle macro into the front-page gallery area, but here's a couple others.

1 Upclose and personal with a dandelion.

http://www.gotodon.com/misc/dandelion.jpg

2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.

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KKtexas

05-05 11:32 AM

You have successfully signed up for a subscription to Donation to Support Immigration Voice (User: KKtexas) using PayPal.

Your first subscription payment, for $25.00 USD, has already been sent to Immigration Voice.


Subscription Details
----------------------------------------------------------------

Date of sign up: May 5, 2009
Subscription Name: Donation to Support Immigration Voice (User: KKtexas)
Subscription Number: S-4M2502670S455100D


Subscription Terms:
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ashkam

12-03 04:18 PM

To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.

Correct me if i were wrong.
Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder

Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.

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sam_hoosier

06-22 04:47 PM

Is this based on where my I-140 is filed ? If so, it will be Nebraska.

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Ramba

01-08 04:18 PM

No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.

Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...

Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.

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gcformeornot

12-31 09:39 PM

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mayurcreation

04-18 08:05 AM

TO WHOM IT MAY CONCERN

This is to certify that Mr. XXX was full time employed with CompanyName from date to date as a Sr. Programmer Analyst.

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Widget

06-05 11:33 AM

Take my word, your case will be approved soon. I had the same wording when my I-140 application was transferred fro CSC to TSC and I received the approval notice in one month. Relax.

My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.

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cox

August 8th, 2005, 10:23 AM

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babu123

05-03 03:05 PM

EB2 Non Premium

I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006

Only in 10 business days.

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Saralayar

07-31 05:53 PM

Hi All,

We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.

Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?

I heard that mexico has different rules?

Thanks for your help.
You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.

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chanduv23

12-08 10:48 AM

Dear brothers and sisters,

We are running a funding drive with a targetted amount for our lobbying efforts.

A lot of people have contributed and contributions are still coming in.

Thanks to all those who are showing a wonderful gesture by their contributions.

If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked

http://immigrationvoice.org/forum/showthread.php?t=15905

Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.

Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.

Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.

We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.

Everyone in the community has to come forward and contribute towards the efforts.

Yours,
Chandrakanth - IV Volunteer

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jayp

12-16 11:04 AM

check this link for NJ DMV

http://www.state.nj.us/mvc/

then select renew license renew which has a page for you to select the
6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
I assume you do not have a valid I-94.
Also call your state DMV and confirm what documents are sufficient.
hope this helps.

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natrajs

09-16 03:27 PM

Recd CPO e mail @ 7 PM EDT - 9/15/09 ( Self & Spouse) - TSC

June 04 EB2I
8/8/07 - RD
9/28/07 - ND
8/28/08 - SLUD
9/15/09 - HLUD - CPO E mail

Thank Q IV

Best Wishes and Good Luck

---

vaishnavilakshmi

07-24 09:06 PM

Hi,

This happend in my motherinlaw's name case.If u have already filed i-485,then wait for RFE.If u have not did it.It is easy and 1day procedure in india,if ur parents can do it.Ur parents can get a combined affidavit typed on 10 or 20rs stamp paper and get it notarised with lawyer and scan and email u before they post it to u here.We did the samething and could file on time.

Cheers,
vaishu

---

n77

05-14 05:25 PM

You are so pessimistic..
At least you hope something is gonna happen after the elections..:):)

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sharadara

09-01 01:17 AM

Sorry, I wasn't clear. I am moving to Spain because my husband got a job offer there.

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chanduv23

12-08 02:47 PM

To have some real threads getting started after a long time on IV website. Thanks for the initiative Chunduv

U r most welcome. Thanks for taking the initiative.

We need more people taking initiatives on this.

Folks, please come forward now. IV is your group. IV is "we all combined together"

Together we can make a difference. Sitting on the fence and doing nothing does not do any good for us.

Come on folks, all guests will now become members
All inactive members will now become active members
All non contributing members will now start contributing.

Go IV go

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ujayra01

07-12 10:21 AM

Most of the EB3 India applicants having received their GC between 2002 and 2005?

You really got to be kidding us. The 8 people I know of in EB3 during these period is still waiting.

actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.

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dixie

09-17 11:29 AM

What you say is true, but then we do not represent all legal immigrants either .. we are specifically focussed on employment-based permanent residence applicants. We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration. Unfortunately, even when ordinary americans think of legal immigration, it is these varieties that spring to the mind. Given the difficulty we already have in getting adequate coverage, changing names mid-stream might cause confusion.

I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.

No offence intended, no flames expected :)

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guygeek007

08-06 11:08 AM

I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

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desi3933

02-18 11:28 AM

Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.

I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...

>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.

>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.

______________________
Not a legal advice.
US citizen of Indian origin

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nanneh

04-30 02:05 PM

Here is the format that you need. I got this from my attorney.

AFFIDAVIT
OF BIRTH

I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.

3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.

Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_



___________________________ ________________________
Notary Public Official Seal

Thank you Mr. apk1928.

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alterego

07-03 02:37 PM

I'm just wondering if there is a sadist there, who just want to see how much these guys can take.

What other reason could there be fore waiting until July2nd before announcing it. Atleast June 29th and they could have said after reviewing the full data for June we changed our mind. This smacks of being pre planned. I won't be surprised if the did this to sneak in a few cases with very recent priority dates, and just put July 1st approval dates on all those.

Why else they pick the slowest processing center NSC for 485 applications. A lot of this is so much crap it makes a cesspit seem clean.
They ought to be ashamed of what they did. Seems intentional to me however.

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RedHat

08-30 12:26 PM

My PD is 2002 Aug

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06-27 11:16 PM

Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.

I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.

Fingers crossed...

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adibhatla

06-16 11:59 AM

I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

If you really need to check just the status, take an Infopass.

Just my 2 cents.

va_dude

Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

Regards

MA

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10-30 02:18 PM

Has any one sent an email to editor@usatoday.com?

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pd_recapturing

05-23 01:45 PM

Please go through this (http://www.immigration-information.com/forums/showthread.php?t=5192)and reanalyze if you really want to go to H1 from EAD ....

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11-21 11:06 AM

[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61


Cuban Family Reunification Parole Program

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.

DATES: This Notice is effective November 21, 2007.

FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.

SUPPLEMENTARY INFORMATION:

I. Background

In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.

Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.

II. The CFRP Program

Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.

III. Participation in the CFRP Program

USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.


Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]

BILLING CODE 4410-10-P

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12-31 01:23 PM

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sendmailtojk

03-31 11:44 PM

At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.

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leoindiano

04-06 12:52 PM

How about this?

If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year

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03-01 08:38 PM

Hi Rocky,

Thanks for your reply

Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.

If you have your leave application copies that can help

---

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06-07 10:57 AM

can't make it to DC, made a contribution.
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simple1

05-12 12:41 PM

Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
Please comment only in the member and donor threads and Let us keep this for Attorney only.

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anilsal

10-30 04:42 PM

I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.

My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)

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bibs

05-11 02:45 AM

Thanks Morchu.
I will go ahead and will apply EAD with $180/ as filing fee.

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stemcell

06-25 02:40 PM

why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting

hey yabadaba

I am coming to atlanta on july 3.
Obviously patel brothers will be a pit stop so if u wanna meet at sarvana bhavan i am game...let me know.

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reverendflash

10-21 01:53 AM

they weren't my designs... I made their designs work... :P :P

I'm still learning on the digital design front. All of my composition training comes from photography... :P

Rev:elderly:

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bidhanc

05-11 12:35 PM

Hi,

I believe the number is
1-800-989-TALK

Call in once it's on the air.

Bidhan

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Keeme

10-03 02:56 PM

My EAD expires on - 10/10/2008. I had e-filed on 10/01/2008 for renewal.
I-140 approved. I 485 peding since Aug 2007.

Should I continue working after 10/10 as my current EAD will expire. Can I use my e-field receipt notice to continue my employment ?

Pl advise.

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enggr

10-12 12:37 AM

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.

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mmanurker

08-11 11:57 AM

Done..

EB3-I, PD: Dec2003

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superdude

08-01 04:54 PM

I hope they look at the post mark date. We can not even trust FedEx now. These things do happen. Its very sad to hear this
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

Guys any input is appreciated ..

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amitga

04-28 03:20 PM

Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)

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morchu

06-01 04:44 PM

If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

Thank you for your immediate reply. I have 2 more questions as below :

My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

3. My families also need to re-enter to USA at the same time ?

Hopefully, I am able to explain my occurred situation correctly.

I need your valuable suggestion pls.

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gcformeornot

12-31 07:36 PM

for wife and daughter. daughter is just 5 years old. Is it common?
My notices are still missing.......

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pd_recapturing

08-24 02:49 PM

I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

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lotsofspace

01-08 05:03 PM

Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.

IF you are not in for money there are many stress less jobs than the ones you asked about. You can have stressful job in any field and same is true for the opposite. I know a lot many in engineering that have stress free jobs. Not sure what made you thinking that being SAP consultant is stress free.

If you like teaching and don't have any criminal back ground consider teaching little kids. Most pleasant I can imagine. Work in post office.....VERY QUITE.....

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AreWeThereYet

08-18 02:02 PM

sp99, who is your internet service provider? For about 8 channels, you are paying ~$50. Do they also have any regular US local channels included in this package? The reason I am asking this question is that they charge about $50 for a few indian channels + other regular HD channels, if you get the dish from them. I understand that the iptv is for folks like me that can not install dish in the building. I am just trying to compare the price. Also, could you tell us if you had to sign a contract too?

Appreciate your response.

Hello Folks,
I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...

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bestin

05-30 10:57 PM

Lets forget about Company B.I understand his question is whether he could join company A.

ok to answer your question

I would recommend you to goto www.allexperts.com.
Click "News/Issues"
under Government click "immigration issues"
In the window click immigration issues.

I would recommend Ajay Arora or Ramasamy.If they are online when you access post this question there.U will get a reply within 3 days.A clear solution.....

In my opinion I think you are okay to join company A subject to the following

1.Since when you left University.
2.Did u have an I94 attached with your company A approval notice?

Hope this helps.

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ramus

06-27 02:33 PM

I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.

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ramaonline

11-19 03:16 AM

F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485

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sk8er

04-14 04:00 AM

Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

So, can you

1. enter the US on B2 for a job search from June 2011 - September 2011
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011

and not raise any of the following red flags :

1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?

2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2

3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?

4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?

5. Would the consulate cancel my B2 visa after stamping H1-B ?

Please advise on where I should give gaps in my timeline or would cutting it so close work ?

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immigrationvoice1

01-29 11:13 AM

Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month

Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.

Hope that helps.

Dear All,

I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.

In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.

In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.

I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."

Please, please help me in this regards.

I would really appreciate if any one can help me out in this matter.

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rama0083

03-07 12:41 PM

My wife, who has been with me in the US since 2005, re-entered the US (after a vacation in India) on an H4 visa on JAN-18-2008 but the immigration official at the airport wrongly stamped the entry date as JAN-18-2007? The entry date on the passport is also stamped wrongly as JAN-18-2007. How big a deal is this? The expiry date of the visa is stamped correctly as Nov-2009. I read that the place to get this corrected is the US Customs and Border Protection Deferred Inspection Site where she entered (Chicago):

http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/

But when I called the office I got voice-mail. Is there any other way to get this corrected?

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