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sidshar
05-15 04:19 PM
thanks for the response. But is it normal, anyone else in similar situation?
shaileshkaria2525@hotmail
09-19 11:30 PM
I want to share the experience of one of my friends who recently went for visa stamping.
He went to Mumbai Consulate with his family for H1B and H4 visa stamping on 08/25/2009. Here are his basic details.
*He got his H1B approved through October 2011.
*He has his GC process on.
*He had originally come here on B1B2 visa about six years back and got the visa converted into H1B visa.
*His current employer is his third change of jobs and have been with this employer for the past 3 years.
*He has his I 140 approved for about a years time and has EAD, and AP valid through October 2008.
His Experience
Their appointed time for visa stamping was 9.00am and their turn came at about 11.00am.The Visa Officer asked my friend routine questions about how he got his first job and he answered exactly as his lawyer had advised. The VO asked him questions about his current employer, what the company was doing, how many employees did the company have et al. She asked him a specific question as to why he went to the US first and why his family joined him later initially although they got the B1B2 visa together. To this he replied that his sons were students in India and they had their terminal exams in September back then.
Then she asked him as to whether he had his credentials with him. He showed her his degree certificates as well as copies of his membership certificates of Chartered Accountancy. She looked at all the originals and then conveyed to him that there were inconsistencies on his certifacates with his original B1B2 visa application and that she will call them later. My friend gave her a copy of his credential evaluation for all the degree certificates.
They were stranded at the consulate for another two hours when another VO announced their names. She was an Indian lady who asked him a silly question about CA institute and as to why he did not mention the name of the city where the institute belonged to. My friend replied that it was an all india institute head quartered in New Delhi. He also conveyed to her that he had given them a copy of his membership as a fellow ( CAs receive the membership certificate as a fellow after they complete public accounting practice as an accountant for five years). She then conveyed to him that she will call him later if required. After about one and half hour further the original visa officer called their name and conveyed to them that there was some further investigation needed to be done on their case. Gave them a yellow letter that stated that he will get an e-mail from the consulate office and they do not need to come back. She gave four VFS envelopes for all of them and asked my friend to wait for the e-mail. She told him that there was nothing to worry about in his case bla bla bla...
My friend and his family had their tickets booked back to US on 08/30/08 from Mumbai. He called his lawyer in US and sought his advise. The lawyer advised that ideally my friend should wait for the e-mail and extend his stay in India. To which my friend replied that he had already availed three weeks of vacation and that he needed to go back to US. They waited with baited breath for the e-mail from the consulate that never came. My friend meanwhile managed an e-mail from his boss that asked him to resume his work on Monday September 02, 2008.
They took the risk and came back to LAX on 08/31/08 and did not encounter any problem using their Advanced Parole documents.
This morning my friend received an e-mail from the Consulate Office in Mumbai that stated that the administrative process for the non-immigrant visa application on his case had been completed and asked him to come at the Consulate on any working day in the morning with yellow letter, VFS envelope, and documents pertaining to visa application. But the last sentence on the e-mail read as under, " Personal appearance is required. Please carry a copy of this email for ready reference."
Gurus! anybody with previous experience like this please share your experience that will help my friend decide as to what he needs to do!
He went to Mumbai Consulate with his family for H1B and H4 visa stamping on 08/25/2009. Here are his basic details.
*He got his H1B approved through October 2011.
*He has his GC process on.
*He had originally come here on B1B2 visa about six years back and got the visa converted into H1B visa.
*His current employer is his third change of jobs and have been with this employer for the past 3 years.
*He has his I 140 approved for about a years time and has EAD, and AP valid through October 2008.
His Experience
Their appointed time for visa stamping was 9.00am and their turn came at about 11.00am.The Visa Officer asked my friend routine questions about how he got his first job and he answered exactly as his lawyer had advised. The VO asked him questions about his current employer, what the company was doing, how many employees did the company have et al. She asked him a specific question as to why he went to the US first and why his family joined him later initially although they got the B1B2 visa together. To this he replied that his sons were students in India and they had their terminal exams in September back then.
Then she asked him as to whether he had his credentials with him. He showed her his degree certificates as well as copies of his membership certificates of Chartered Accountancy. She looked at all the originals and then conveyed to him that there were inconsistencies on his certifacates with his original B1B2 visa application and that she will call them later. My friend gave her a copy of his credential evaluation for all the degree certificates.
They were stranded at the consulate for another two hours when another VO announced their names. She was an Indian lady who asked him a silly question about CA institute and as to why he did not mention the name of the city where the institute belonged to. My friend replied that it was an all india institute head quartered in New Delhi. He also conveyed to her that he had given them a copy of his membership as a fellow ( CAs receive the membership certificate as a fellow after they complete public accounting practice as an accountant for five years). She then conveyed to him that she will call him later if required. After about one and half hour further the original visa officer called their name and conveyed to them that there was some further investigation needed to be done on their case. Gave them a yellow letter that stated that he will get an e-mail from the consulate office and they do not need to come back. She gave four VFS envelopes for all of them and asked my friend to wait for the e-mail. She told him that there was nothing to worry about in his case bla bla bla...
My friend and his family had their tickets booked back to US on 08/30/08 from Mumbai. He called his lawyer in US and sought his advise. The lawyer advised that ideally my friend should wait for the e-mail and extend his stay in India. To which my friend replied that he had already availed three weeks of vacation and that he needed to go back to US. They waited with baited breath for the e-mail from the consulate that never came. My friend meanwhile managed an e-mail from his boss that asked him to resume his work on Monday September 02, 2008.
They took the risk and came back to LAX on 08/31/08 and did not encounter any problem using their Advanced Parole documents.
This morning my friend received an e-mail from the Consulate Office in Mumbai that stated that the administrative process for the non-immigrant visa application on his case had been completed and asked him to come at the Consulate on any working day in the morning with yellow letter, VFS envelope, and documents pertaining to visa application. But the last sentence on the e-mail read as under, " Personal appearance is required. Please carry a copy of this email for ready reference."
Gurus! anybody with previous experience like this please share your experience that will help my friend decide as to what he needs to do!
seekinggc
07-16 04:59 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
gcseeker2002
02-12 05:14 PM
Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.
Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.
more...
psaxena
06-25 06:44 PM
......................
InTheMoment
10-07 02:11 PM
Yes, definitely update the I-9. Also as rockstart suggested you are now in AoS status or in legalese - "Period of Stay Authorized by the Secretary of Homeland Security".
Also note there is nothing such as as dual H1-B and AoS status at any time.
Also note there is nothing such as as dual H1-B and AoS status at any time.
more...
abhijitp
07-17 06:25 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
deardar
07-18 09:35 AM
I pray that all the folks of the CORE team would get their I-485 approved and their GC in hand before I get mine.
more...
masterfender
04-28 03:18 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
kaisersose
08-24 06:06 PM
Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.
That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.
Occasionally an isolated case sneaks in.
Like someone posted this morning that he received an ead although the lawyer says he never applied for one!
That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.
Occasionally an isolated case sneaks in.
Like someone posted this morning that he received an ead although the lawyer says he never applied for one!
more...
deecha
07-16 03:07 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
waitin_toolong
09-17 10:52 AM
I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
more...
lostinbeta
10-05 01:12 PM
Hey Ilyas. Thanks for the compliment:)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
pointlesswait
03-12 06:29 PM
Even PT MBA..can be a vehicle for career change as well as growth!
Full time has its + ..but will u wait till u get a GC to start ur MBA..?
I believe PT from any of the top 10 PT programs is worth considering! in chicago land area u have kello, UC and depaul...the rating for PT programs is different compared to full time!
You can only speculate..abt what is good and what is not! The first job break after a PT will be crucial! :rolleyes:
There is no logical reason to NOT do an MBA if u want change and further ur career!
PS: pursuing PT!
Full time has its + ..but will u wait till u get a GC to start ur MBA..?
I believe PT from any of the top 10 PT programs is worth considering! in chicago land area u have kello, UC and depaul...the rating for PT programs is different compared to full time!
You can only speculate..abt what is good and what is not! The first job break after a PT will be crucial! :rolleyes:
There is no logical reason to NOT do an MBA if u want change and further ur career!
PS: pursuing PT!
more...
hinvin66
05-05 04:44 PM
Rental income, stock dividends and interest are allowed under passive income. Passive income is allowed for H1-B (I had/have a rental property in a different state in the US, while I was still on H1B. It's a different matter that I am an EAD now...)
Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.
If it's confirmed to be passive - go ahead and make money.
Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.
If it's confirmed to be passive - go ahead and make money.
masti_Gai
01-05 12:50 PM
He needs to find a consultant who can sponsor a H1B for him. But H1B for this fiscal year is over he might have to wait for the fiscal year of 2008
more...
eb2_immigrant
10-22 08:17 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
So to confirm if what you are thinking is true or not I called USCIS,
The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center
As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.
After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.
Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.
I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen
Any thoughts ......??????
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
So to confirm if what you are thinking is true or not I called USCIS,
The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center
As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.
After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.
Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.
I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen
Any thoughts ......??????
morchu
05-06 01:05 PM
Correct. The question is always about "similar" job and duties. And too much variation in wage is a hint towards that.
Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).
Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).
dingudi
02-20 02:36 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
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.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
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.
leoindiano
07-19 08:17 AM
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
msyedy
04-18 01:12 PM
Look how desperate we have become, someone is ready to shell 10k per family member to get GC.
I agree and disagree with you guys.
I disagree because, we all are legal immigrants, we have to be given priority as the American economy needs people like us. H1-B not only means growth in tech but also economy. All the H1-B personnel spend a good amount of money here on (Rent, car, insurance, food, travel) with all this new jobs and much more will be benificial to this country.
We should not be charged such amount to get what we deserve.
On the other hand- I agree to pay 10k per familiy member because, we are stuck at one place with lots of problems without GC.
Most of us are not sure whether they will be staying at one place to do an investments like buying a house. Wife cant work etc.
Keeping all the above in mind even If we loose 10k per member we will make that in less then 6 months when compared to waiting for a GC for years.
I agree and disagree with you guys.
I disagree because, we all are legal immigrants, we have to be given priority as the American economy needs people like us. H1-B not only means growth in tech but also economy. All the H1-B personnel spend a good amount of money here on (Rent, car, insurance, food, travel) with all this new jobs and much more will be benificial to this country.
We should not be charged such amount to get what we deserve.
On the other hand- I agree to pay 10k per familiy member because, we are stuck at one place with lots of problems without GC.
Most of us are not sure whether they will be staying at one place to do an investments like buying a house. Wife cant work etc.
Keeping all the above in mind even If we loose 10k per member we will make that in less then 6 months when compared to waiting for a GC for years.
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