singhsa3
05-01 11:50 AM
I know only three things:
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
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VivekAhuja
12-12 05:33 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
nutakksa
08-28 02:11 PM
See my signature below. Waiting for FP notices from TSC. spoke to my attorney. They mentioned that they are getting FP notices slowly from TSC.
---------
TSC/EB2/PD March 2003
485 RD June 18 / ND July 17
FP notice - ??????
AP- Approved on 8/22 for self and family - yet to receive app notices
EAD - Approved on 8/27 for self and family - Yet to receive App notices.
---------
TSC/EB2/PD March 2003
485 RD June 18 / ND July 17
FP notice - ??????
AP- Approved on 8/22 for self and family - yet to receive app notices
EAD - Approved on 8/27 for self and family - Yet to receive App notices.
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gimme Green!!
07-04 10:15 PM
There was also a gap of my H-1 Activation and F-1.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
more...
vin13
12-02 01:21 PM
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
If you do not get help in one of the offices, try your luck at another USCIS office.
sri1309
09-17 07:31 AM
Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/
I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
Sri.
I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
Sri.
more...
Ramba
07-29 07:15 PM
Ahem.. ? :confused:
Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.
Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.
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lifestrikes
01-26 11:30 AM
Its time to meet our Senators and House Representatives.
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bzuccaro
11-09 08:40 AM
If the labor certification is approved and the I-140 has been or will be pending for 365 days or more prior to the H-1B worker�s requested H-1B start date, then the H-1B visa worker can file for the one year extension under AC21 106 (a).
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sxk
11-24 07:09 PM
I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
more...
raysaikat
07-10 07:06 PM
... I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
...
They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.
...
They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.
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sherlock01
10-16 07:54 PM
Can you please send the format of the letter you faxed? Did you include a letter from the employer?
I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:
I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.
Hope this information is helpful to someone in similar boat. Below are the fax numbers:
(214)962-1454
(214)962-1450
(214)962-1415
(214)962-2632
I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:
I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.
Hope this information is helpful to someone in similar boat. Below are the fax numbers:
(214)962-1454
(214)962-1450
(214)962-1415
(214)962-2632
more...
house 1-1-14 Food Chain of Land
MYGCBY2010
07-27 02:33 PM
Hi All,
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
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VMH_GC
12-14 03:41 PM
Thanks all for your information. It is really helpful.
more...
pictures a food chain.
dealsnet
04-14 09:25 AM
It is very clear. Child can charge to either parents chargeability. Parents cannot charge to child's country of birth.
Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.
Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.
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smads
03-07 10:42 AM
sorry guyz have still been trying to find out what needs to be done....
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
more...
makeup foodchain
amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
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whereismygclost
06-17 05:42 PM
Hi sk.aggarwal,
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
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gbof
07-31 10:02 AM
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logiclife
06-08 06:05 PM
Premium processing is not against american values or any other values.
Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.
If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.
Also, by that token, first-class travel is against American values? Would you rather that it go away too?
Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.
Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.
If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.
Also, by that token, first-class travel is against American values? Would you rather that it go away too?
Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.
optimystic
04-22 03:38 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
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