Sunday, June 12, 2011

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  • rajmehrotra
    07-05 11:45 AM
    What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.

    All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.

    Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.

    The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.

    If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.





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  • CADude
    07-31 10:03 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Dear All,
    Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.





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  • plongwait
    12-07 03:51 PM
    Hi Everyone,

    We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.

    The thing is my husbnad is on H1 & me on H4.
    His H1 was getting expired in Jan07 & has been extended till May08.
    His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).

    We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.

    Questions:-

    1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?

    If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.

    2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?

    3) Will appointment be available in Feb or we r too late ?

    We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.

    Thanx in advance.:)

    Thsi is my suggestion based on the personal experience. May be it's helpful t o you.

    You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.

    I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.





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  • sgorla
    05-07 07:47 PM
    DOn't be panic, but I would suggest you not to go to Canada/Mexico for stamping. I heard through my friends that there is always a risk to deny visa stamping from Canada/Mexico, and the consular officer might ask you to apply your visa in your home country.

    I lost my passport, which had F1 Visa, and chose to go back home and apply for H1B visa. Consular officer at Chennai Consulate asked copy of student visa and police report stating that my passport was lost/stolen.

    Hi

    To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

    We have police report for the lost passport.

    I already checked Indian embessy's website, they have instructions for duplicate passport.

    My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

    plz help..

    regards,



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  • smisachu
    04-26 11:18 AM
    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.


    Thanks for the reply. I guess no luck is good luck in the present immigration system.:mad:





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  • piyu7444
    04-18 07:22 PM
    I am currently on h1b with Company X (h1b expires in April 2011)

    (I-140 approved, filed 485 on july 2 so am past 180 days)

    If I take a job on EAD with Company Y without h1b tranfer to comapny Y.

    Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?

    Also do I need to leave USA?:confused::confused::confused:



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  • common1
    01-25 06:47 PM
    dummgelauft:

    I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...

    Hope that they show the same efficiency to clear thousands of pending applications :mad:





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  • paskal
    02-21 01:26 AM
    Option 5 is true for J1, since H1 is not a training visa however I do not think you can get an extension. For J1 it is a simple matter of getting a new sponsorship (used to be called IAP 66) from ECFMG.



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  • 485_spouse
    04-27 03:16 PM
    I-140 approved
    Self I-485 2004, Spouse not able to file I-485 because of retrogression
    Wife not able to work(H4, no EAD)
    Moving around for jobs with family
    Good Employer but not great
    Frustation with H1B Extension and stamping
    Not able to Plan to go to India because of Interview dates
    Not able to buy house
    I have EAD but have to stick with the current employer
    No promotion
    Could not join fortune 500 company as no GC :mad:





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  • GCBy3000
    04-10 03:58 PM
    I am from Wisconsin. I sent an email expressing to volunteer from WI State.



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  • sajidmd
    02-01 10:44 AM
    It doesn't take long... encourage everyone to do it so that we can be considered for the list next time.





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  • abracadabra
    05-30 01:59 PM
    Did anyone went through this situation



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  • noone2day78
    07-19 08:58 AM
    Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
    Hi Pappu,

    I joined this forum in beginning of July and really have benefited big time with the wealth of information here...Hats of to you all for all the great work and recent accomplishments.

    I have a question, that I haven't yet found an answer to...was wondering if you could help me out here...

    If dependant is already on h1b (applied 485 through spouse as primary) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?





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  • Vic
    10-11 12:42 PM
    Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).



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  • PD_Dec2002
    05-22 08:21 AM
    Please correct me if I am wrong, but the Hammond Law Group (HLG) was hired by IV for its lobbying efforts, correct? What does HLG have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

    Would be interesting to get their point of view...

    Thanks,
    Jayant





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  • kshitijnt
    06-03 05:40 PM
    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.



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  • rkumar18
    10-26 02:39 PM
    I had my FP done at San Jose ASC and It took us around 15 min for the entire process of filling the forms,waiting to be called for FP and doing the actual FP.

    The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.

    It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)

    A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!





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  • supers789
    07-18 04:10 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!





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  • bbenhill
    10-12 07:55 PM
    Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

    please advice ...



    Please ask an attorney.

    why?
    If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.

    I advice you to consult a good attorney.





    seekerofpeace
    09-05 03:38 PM
    Inshkrish,
    You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...

    Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....

    I am not sure how to check...if online is not reliable...

    Regards,

    SoP





    singhsa3
    11-26 01:05 PM
    It is enforceable as it is "I owe you". Smart and cunning guy.
    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.



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