newbee7
07-05 01:00 AM
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).
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sushilup
08-22 10:37 AM
Hello Guys,
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
royus77
06-30 05:27 PM
Guys and Gals,
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
I will fly to Nebraska on sunday night and deliver it on Monday
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
I will fly to Nebraska on sunday night and deliver it on Monday
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SGP
11-03 08:44 AM
Aati Nahin, Aati Nahin, Saamne hai tu magar Aati Nahin.:D
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lost_in_gc_land
01-24 01:46 PM
Hi
Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
Sucks...sorry you have to go through this too. Feel free to pm me if you like
Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
Sucks...sorry you have to go through this too. Feel free to pm me if you like
raysaikat
05-31 12:18 AM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
more...
deepakjain
02-24 11:19 AM
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
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rajuseattle
08-30 01:42 AM
R u working for a desi bodyshop who may have been on the blacklist of USCIS?
Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.
Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.
Whats your I-140 status?
Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.
Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.
Whats your I-140 status?
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miapplicant
10-06 08:55 PM
Vnsriv...
Thanks..I was just kind of curious to see, is anyone on the same boat as mine? Coz, most of my friends/network whom I had asked, got their status changed along with their spouses'. If its the same with the community, then I have to do something. But yah, It didn't occur to me that, if there is no answer, means, probably there aren't that many ppl in the same situation as mine...Thanks again...
My spouse got his EAD card yesterday. We haven't recd any RNs or for that matter any notices so far. I applied as his dependent. I guess my case is similar to yours.
Thanks..I was just kind of curious to see, is anyone on the same boat as mine? Coz, most of my friends/network whom I had asked, got their status changed along with their spouses'. If its the same with the community, then I have to do something. But yah, It didn't occur to me that, if there is no answer, means, probably there aren't that many ppl in the same situation as mine...Thanks again...
My spouse got his EAD card yesterday. We haven't recd any RNs or for that matter any notices so far. I applied as his dependent. I guess my case is similar to yours.
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swartzphotography
January 31st, 2008, 01:19 AM
well as mats was saying buy a used piece of equipment at a bargain and you can save some moola to get lenses tailored to what you want to do with the camera. My suggestion is an old canon rebel 300 d. I know it seems to be an old forgoten camera but it is still in my camera bag as my secondary camera. Yes it has limits in functionality over the xt or the xti. But i believe one can be bought on ebay for less than the sony cybershot is new. And it has all the features you will need for your class. Plus as i said get some good lenses. cameras come and go lenses are forever.
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kaisersose
06-10 02:20 PM
You should avoid phrases such as "fast track green card". That is being presumptious.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
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Macaca
12-15 01:41 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
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TexDBoy
06-16 05:57 PM
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
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goel_ar
12-19 11:05 AM
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
Thanks,
LG.
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bkarnik
10-26 03:33 PM
My experience, this is at the Mumbai consulate in 2004. At that time they had the drop box in place. I mailed my documents and they returned everything back with my H1 stamped.
My wife went for her H4 stamping (second stage) in 2005. They asked for all the original documents i.e my I-797 and her I-797 but returned both of the documents back at the end of the interview. I think she had copies with her and they kept those.
Best bet is to contact VFS and inquire.
My wife went for her H4 stamping (second stage) in 2005. They asked for all the original documents i.e my I-797 and her I-797 but returned both of the documents back at the end of the interview. I think she had copies with her and they kept those.
Best bet is to contact VFS and inquire.
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mlkedave
03-30 11:58 AM
when is this thing going in completed battles? Just wondering...
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abuddyz
02-01 08:58 AM
i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)
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nashim
09-04 09:36 AM
USCIS has all information but they might not have resource/time to collect information about old cases that�s why they might be seeking help from other body.
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a1b2c3
08-04 06:10 PM
In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
prem_goel
09-07 06:49 PM
the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.
Desertfox
01-03 01:19 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.
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