Thursday, June 16, 2011

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  • mchundi
    08-05 09:16 PM
    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.

    First they need to cope with the scores of petetions, USCIS and FBI.
    For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
    This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
    Additional VISA numbers may not help anybody, if they don't use them properly




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  • lskreddy
    12-05 12:04 AM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!

    I think that about sums it up the best way possible. Gosh, I wish a chernobyl would happen in the areas that mofos come from and wipe them out.




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  • eb3_nepa
    04-13 11:08 PM
    Thanks everyone. Please keep the updates coming :)




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  • raghuram
    05-08 04:53 PM
    What if you directly send a personal check?

    That will take a long time to get cashed. And the Indian bank may charge some additional fees to deposit it there.



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  • dealsnet
    07-23 01:55 PM
    AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
    But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.

    AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.




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  • anilsal
    08-05 08:04 PM
    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.



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  • GCBy3000
    09-20 08:52 AM
    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.




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  • Ann Ruben
    01-24 05:18 PM
    Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.

    Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.

    Ann



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  • fromnaija
    08-04 12:43 PM
    How did your wife obain the second AP while outside the country? If you applied and got the second document whilst she was outside the country then logically it is invalid.




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  • dipsangel
    07-20 09:40 PM
    Guys,

    I have talked to my lawyer. I am also the victim of the same mistake. My lawyer has filed G-325 for me and my wife instead of G-325 A.

    But my lawyer said that his firm has been filing G-325 for quite a while and had no issues with it.

    I hope it should not be an issue. The content on both forms is exactly same.

    Lets wait and watch.



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  • basav
    08-03 03:20 PM
    I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
    I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,

    Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.

    Now I would like to take up H1B in a month time, following are my questions


    1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
    2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
    3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
    you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !




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  • krishnam70
    08-14 04:13 PM
    A woman who was traveling alone in the mountains found a precious stone in a stream.

    The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.

    But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."

    The woman smiled, "The joy of giving!"

    Agreed . Joy of giving is a great concept if its voluntary. If we place a condition that this is the minimum amount u can pay or no way we might lose a few members who might want to contribute lesser amounts..

    cheers



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  • FinalGC
    05-12 05:02 PM
    hopefulgc:

    Are you willing???




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  • makemygc
    09-19 07:21 PM
    Hi Joozz,
    I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
    Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.

    Hope this helps,
    MakeMyGC
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.



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  • piyu7444
    04-01 01:45 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other




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  • skv
    08-03 05:37 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.



    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?



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  • cyclone_p
    06-21 12:24 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.




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  • h1bemployee
    02-25 06:20 PM
    You need to provide more details on bold words from your post. If you really need pointers from IV members.

    in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

    As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)




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  • mnkaushik
    06-04 06:05 PM
    Yes BC stands for Birth Certificate. I saw this text in the VFS site for us consulate under Required Documents

    For parents visiting a child resident in the US:

    If child is an Indian citizen.

    a. Childs�s original birth certificate.

    b. Photocopy of all pages of child�s passport.
    c. Where the US visa of child has expired, photocopy of the renewed petition required.
    d. Where child is a legal permanent resident in USA, photocopy of the green card (front and back) is required.

    If child is a U.S. citizen.
    a. Photocopy of bio-data page of US passport or photocopy of Naturalization Certificate.


    So is this requirement only when ur sponsoring ur parents?




    BharatPremi
    07-11 11:18 PM
    Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.

    USCIS Ombundsman report from JUNE 2007 says:
    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
    - As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.

    USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.

    End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).

    As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.

    If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.

    If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.

    Anybody thinks the above makes sense?

    jazz

    When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)




    gcseeker2002
    08-14 02:52 PM
    I didnt know that you can send a single check for all applications.. ??
    It would have been better if you had split the checks.
    Dont worry they might accept it now.
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.



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