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axp817
05-15 04:25 PM
yes, he lucked out when his file/case/name/application got picked last Aug/Sept when that PD was current for a brief while.
I could be wrong, but don't the dependents also need their PDs to be current in order for their 485 to be approved?
The wife wasn't as lucky and her application wasn't picked while the window lasted, which is why she is still waiting. No?
I could be wrong, but don't the dependents also need their PDs to be current in order for their 485 to be approved?
The wife wasn't as lucky and her application wasn't picked while the window lasted, which is why she is still waiting. No?
palemguy
09-16 10:47 AM
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
raffu001
01-31 11:22 AM
While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
prabasiodia
08-13 07:46 PM
This is the link to USCIS - FBI joint initiative where they plan to clear all the backlog by June 2009 to acceptable limits: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf
This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.
This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.
more...
addsf345
11-17 04:48 PM
Students from India & China combined: almost 200K.
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
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sid_das
04-21 06:15 PM
yes, i am in IT , data warehousing .. i dont know why it didnt go through. any idea if i can file a new H1 while appealing the denial? thanks
more...
Maverick1
10-29 01:40 PM
H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?
SertTurk
07-18 02:20 PM
Thanks for the reply.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
more...
SertTurk
07-19 09:39 AM
Did not recieve any cards,what is that?
misha
01-31 02:44 PM
While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
more...
go_guy123
09-09 09:38 AM
Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible
If you see the political realities, Obama has lost a lot of political capital on health care.
Plus something I mentioned before: Schumer is a senator. CIR faces main opposition
in the Congress and not Senate.
You are right that many interest groups are lobbying for themselves. That is where EBs are at a disadvantage.
Just check www.ilw.com. Everyday there are articles wailing the plight of illegals but not a peep about
skilled immigrants.
If you see the political realities, Obama has lost a lot of political capital on health care.
Plus something I mentioned before: Schumer is a senator. CIR faces main opposition
in the Congress and not Senate.
You are right that many interest groups are lobbying for themselves. That is where EBs are at a disadvantage.
Just check www.ilw.com. Everyday there are articles wailing the plight of illegals but not a peep about
skilled immigrants.
english_august
09-17 09:07 AM
All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.
more...
aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
akmypoints
11-04 01:26 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
more...
newbie2020
08-11 09:47 AM
Since it is a new H1 I would say unless the petitioning employer is not co-operating, Then you don't have any other choice. You need to wait until next April for new H1.
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
gcdedo
05-25 07:36 PM
Lou Doubbs was telling , One of the controversial thing in Managers Amendment was " Provision for dialogue with Mexico before Building the Fence". source to him was Sen Kyle's office
I would say let them fight over that and our things are sneaked into the final Conference Bill
I would say let them fight over that and our things are sneaked into the final Conference Bill
more...
sreedhar
02-25 01:25 PM
Thanks for sending the information..and one more thing is there any road test?
Just ask yourself some questions & read some IMP information before apply for DL in USA.
1) You said you have International DL.
Do you know the driving…?
How confident are you in driving…?
Apologies for asking this question to you. Because one of my friend’s family had a bad experience with International DL. My friend wife brought International DL and went to DMV in Colorado and the Colorado state people issue the DL without having Road Test. They just took Paper Test. But she doesn’t know how to drive the car. And when she learn driving in Wal-Mart parking lot she met with the accident (Thank god no human effected in that accident. just $2000 for repairs)
2) Are you willing to spend at least 3 hours driving classes from Driving School…?
Better to spend some $$$ on Driving school, Even you are perfect in driving in your country.
3) Are you looking for MVA who do not offer Road Test on International DL…?
Do not consider the people advices like “Go there…MVA people kind of liberal in some Driving mistakes”. You know…DL is not a Green Card or some immigration benefit that you should get it immediately. You should at least 99.99% perfect in driving particularly in Highway in USA. Otherwise you and other people will be in big jeopardy while you drive the car.
Hope this gives you a better picture on DL in USA.
~Sree
Just ask yourself some questions & read some IMP information before apply for DL in USA.
1) You said you have International DL.
Do you know the driving…?
How confident are you in driving…?
Apologies for asking this question to you. Because one of my friend’s family had a bad experience with International DL. My friend wife brought International DL and went to DMV in Colorado and the Colorado state people issue the DL without having Road Test. They just took Paper Test. But she doesn’t know how to drive the car. And when she learn driving in Wal-Mart parking lot she met with the accident (Thank god no human effected in that accident. just $2000 for repairs)
2) Are you willing to spend at least 3 hours driving classes from Driving School…?
Better to spend some $$$ on Driving school, Even you are perfect in driving in your country.
3) Are you looking for MVA who do not offer Road Test on International DL…?
Do not consider the people advices like “Go there…MVA people kind of liberal in some Driving mistakes”. You know…DL is not a Green Card or some immigration benefit that you should get it immediately. You should at least 99.99% perfect in driving particularly in Highway in USA. Otherwise you and other people will be in big jeopardy while you drive the car.
Hope this gives you a better picture on DL in USA.
~Sree
h14life
06-19 03:33 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
pappu
01-09 12:19 PM
From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
quizzer
11-15 05:32 PM
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
bestia
07-16 10:30 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
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