sodh
07-27 04:39 PM
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
Sorry for answering out of turn,
Allien# none, that is if you dont have it, this dose'nt matter.
Petetion # will be your I-140 number, that is if you have applied for one,
Sorry for answering out of turn,
Allien# none, that is if you dont have it, this dose'nt matter.
Petetion # will be your I-140 number, that is if you have applied for one,
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InTheMoment
06-09 12:52 PM
I would love to believe that - some predictabilty in the assignment of files to AIO's - but that is certainly not true atleast from what we see from data !
Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
kumar.yerr
12-15 05:36 PM
I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.
I do have a genuine job and had been working for the same client since the day I started working in the US..
VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.
Below is conversation:
1) DS-156, 157 & Passport
A) I handed him those docs.
2) Are you returning to the same job?
A) Yes sir
3) Can I see the client letter?
A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.
Couple of questions:
1) Should i drop my passport along with all other documents?
2) What is the success rate and
3) Why do they usually issue an Yellow slip?
Any help is greatly appreciated..
Thanks and Regards..
I do have a genuine job and had been working for the same client since the day I started working in the US..
VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.
Below is conversation:
1) DS-156, 157 & Passport
A) I handed him those docs.
2) Are you returning to the same job?
A) Yes sir
3) Can I see the client letter?
A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.
Couple of questions:
1) Should i drop my passport along with all other documents?
2) What is the success rate and
3) Why do they usually issue an Yellow slip?
Any help is greatly appreciated..
Thanks and Regards..
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VMH_GC
07-17 04:02 PM
Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.
more...
OLDMONK
06-25 01:19 PM
I did my pictures @ photopeople (studio) upwards of 80 bucks for me wife and son. Well I was still not satisfied.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
apb
09-05 02:27 PM
This should go to top of queue. BUMPING
more...
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....
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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Sunny_Bhaaji
12-28 12:44 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
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lghtslpr
02-14 03:35 AM
We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.
That's great!!!
Who were "we?"
And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!
Thanks.
-L.
That's great!!!
Who were "we?"
And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!
Thanks.
-L.
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arunmohan
07-29 05:39 PM
Did anyone ask about EB3-India backlog?
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rogerdepena
08-01 10:17 PM
i guess they are already issuing receipt number for I485 received aug. 1, 2007. so where is mine????
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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gc_kaavaali
07-16 05:21 PM
Jonty,
Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.
I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...
When new processign dates come out you will know have patience.
Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.
I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...
When new processign dates come out you will know have patience.
more...
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rogerdepena
08-01 10:45 PM
Are you generating the receipt numbers yourself ? :D
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
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GCNirvana007
10-05 11:11 PM
that was hilarious GCN007...BTW my wife got approved to finally....
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Thanks and great news on your wife's approval bud.
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Thanks and great news on your wife's approval bud.
more...
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ivgclive
08-23 06:14 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
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centaur
03-28 05:46 PM
An employer can file your GC with "an intention to employ", irrespective of visa status
You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.
You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.
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feedfront
09-15 05:39 PM
Yes I got RFE like 1 month back about employment verification...
As 'sanju_dba' said, you should celebrate your freedom here as we appreciate this freedom more than anybody.
Congrats again and enjoy!!!!
As 'sanju_dba' said, you should celebrate your freedom here as we appreciate this freedom more than anybody.
Congrats again and enjoy!!!!
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yabadaba
08-14 12:27 PM
yes u are
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purgan
01-14 04:41 PM
Now, that's a good idea. How about Cutting Permanent Residency Delays.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
�It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
�It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
help43
09-12 05:09 PM
Can any body tell me
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
a_yaja
04-02 03:18 PM
If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
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