LostInGCProcess
11-06 02:39 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
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rajarao
12-17 12:12 PM
I traveled- chicago-frankfurt-bangalore- H1B extended but visa stamp expired. No one asked anything while going.
While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).
While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).
joydiptac
05-18 06:44 PM
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
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kumar1
07-18 02:56 PM
Why you want to mad on him, What is there to become mad on him.
Labor buy/sell ------ is there any possible way it is helping this system? Please do not tell me that system already has flaws da da da ....
Labor buy/sell ------ is there any possible way it is helping this system? Please do not tell me that system already has flaws da da da ....
more...
rbalaji5
02-20 05:25 PM
rbalaji,
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008
kishorep914
05-17 08:55 PM
I have been getting only 1 year extension after my first 3 years of H1. My I-140 has been approved in My 2nd year of my H1 visa. So it entirely depends on the USCIS discretion.
more...
subba
02-27 06:57 AM
Just an update from my front, for the info of anyone else in a similar boat.
Consulate issued me a stamp to 4/30/2010.
I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
Consulate issued me a stamp to 4/30/2010.
I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
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wellwishergc
03-01 04:15 PM
Logiclife,
That makes perfect sense.
My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
That makes perfect sense.
My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
more...
gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
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martinvisalaw
02-16 04:41 PM
The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.
more...
saibaba
12-18 02:39 PM
my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
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uslegals
08-20 03:39 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
more...
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vin13
01-08 12:59 PM
radhay,
My wife had only EAD and no other status and she was able to get the license in PA upto the validity of EAD.
My wife had only EAD and no other status and she was able to get the license in PA upto the validity of EAD.
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waiting4gc
06-29 01:58 PM
If you read the form, it says Alien number. If you have one, its a simple answer, USE IT. If you had one during OPT and one more on 140, you should ask your lawyer which one to use. Thats my opinion. Always consult a lawyer but as none of us are lawyers.
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
more...
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transpass
02-27 01:13 PM
IMO, you should spend the money yourself instead of depending on the company for GC expenses...
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
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wenxue
08-13 10:03 AM
I am Chinese. I am bad dancer. But I like the music and the spirit in this thread. Bring it on, ha ha.
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clockwork
07-18 05:03 PM
Enjoy! :) Only 5 files max allowed. Please follow up the next post.
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snathan
05-20 12:28 PM
Its part of a puzzle game.
She is posting one fraction of the question one site, other fractions on other site.
Now you have to assemble all pieces together and respond to her.
If you win, you get to date her. She is only looking for smart guys and this explains the plot :D
If you win, her husband will be after you...:D
She is posting one fraction of the question one site, other fractions on other site.
Now you have to assemble all pieces together and respond to her.
If you win, you get to date her. She is only looking for smart guys and this explains the plot :D
If you win, her husband will be after you...:D
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satishbsk
07-17 04:46 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
morchu
04-23 01:51 AM
NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
caydee
05-26 03:47 PM
Just a thought, folks!!!
It would be beneficial to analyze web immigration articles and post your valuable comments. Any visa number analysis is pure speculation. Let us make ourselves heard. To begin with, please visit the following web pages ....
http://www.usatoday.com/news/nation/2007-05-26-immigration_N.htm#uslPageReturn
http://www.townhall.com/columnists/PhyllisSchlafly/2007/05/26/senate_immigration_bill_is_a_sellout,_not_reform?p age=full&comments=true
It would be beneficial to analyze web immigration articles and post your valuable comments. Any visa number analysis is pure speculation. Let us make ourselves heard. To begin with, please visit the following web pages ....
http://www.usatoday.com/news/nation/2007-05-26-immigration_N.htm#uslPageReturn
http://www.townhall.com/columnists/PhyllisSchlafly/2007/05/26/senate_immigration_bill_is_a_sellout,_not_reform?p age=full&comments=true