Friday, June 10, 2011

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  • txh1b
    04-20 10:50 AM
    Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.




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  • werc
    10-10 12:43 AM
    I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.


    How about H1B?

    If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?




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  • NKR
    05-14 11:38 AM
    Morning is over. We all are in mourning since the bulletin went out...




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  • 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 :) :)



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  • leoindiano
    07-09 01:08 PM
    Guys,
    Lot of our friends are waiting from 1998... Please wait, your turn will come.:o

    This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?




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  • nlalchandani
    05-29 11:09 AM
    Is there any specific time the appointments show available..IST or CST..Maybe they have a batch job that runs and makes appt available ..



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  • chantu
    06-02 03:05 PM
    I think she can study. She can go on F1.




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  • nyckings
    10-15 03:41 PM
    Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

    I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.



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  • mwin
    08-14 02:49 PM
    325 + 70 + 180 + 170 = 745

    How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??




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  • gc007
    11-19 04:47 PM
    Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?

    My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.

    SO I'm wondering how many approvals does one trip take?
    Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
    So will he be able to make another trip abroad?

    Thank you.

    My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.



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  • potatoeater
    05-10 02:00 PM
    Dude, you revived a 6 month old thread just to ask this innocuous question? And the title of this thread is pretty alarming.

    Expect 5 thousand red dots now. Everybody will come down on you like a ton of bricks.

    To admins..

    we should have some facility to automatically close the threads that have been inactive for a while.

    Guys,
    I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.

    -Kumaresh




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  • rockstart
    06-04 01:59 PM
    I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.

    I agree. 6 months bank statement along with 3 years of W2 are more than sufficient to prove your financial ablity to support your parents.



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  • gc_peshwa
    01-26 07:00 PM
    IMHO this is a tremendous start. If at all the lawmakers do get serious about this proposal we need to lobby hard to include MS students and EB community as part of one of the amendments. If President Obama can mention MS students in in speech to the nation I feel he would atleast support it.
    The topic of STEM students getting stapled green cards should be relatively less controversial.




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  • whoever
    02-07 01:12 PM
    hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671



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  • karl65
    02-23 07:47 AM
    Ok maybe there are another forum but I can find you. My CPAS says we are going to receive the stimulus (it is not a rebate) but the IRS website says that if we are non-resident alen we won't. According with IRS only when you get GC you will be concider resident?????? It is true?????



    A: You won�t get a stimulus payment in 2008, if any of the following apply to you:

    You don�t file a 2007 tax return.
    Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
    You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
    You do not have a valid Social Security Number.
    You are a nonresident alien.
    You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.




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  • jungalee43
    06-29 05:51 PM
    Hey guys. Please help me. for the first time I am posting a question.
    All my details are in this thread.
    "http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/11341-did-anyone-actually-use-ac21-11.html#post420955"

    Now after AC21 - Two RFEs on that - gap in EAD I have received a notice for initial interview. It basically says: -
    Who should come with you?
    if the petition is based on your marriage, your petitioner spouse.
    if the petition is based on parental relationship, your sponsoring parents or child.

    What should you bring with you.

    All EADs, Travel documents, all I-94s etc.
    Originals and copies of All the supporting documentation submitted with the application.
    Birth certificates.
    Letter from current employer and last IT returns.

    We have not received any notice for my wife. There is no LUD on any case for last one month. And the case is at national benefits Center, interview in Atlanta. I am just confused. What does this mean? What is meant by all supporting documentation submitted with the application?
    I am completely confused, worried and getting tense. Can anyone throw some light on this please????????????????
    __________________________________________________ ________________
    Donation to IV $1000+ so far.



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  • tinoue
    09-27 09:52 AM
    I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)

    It is in "Beneficiary" section, right above my name. But I heard some people do not have numbers on thier approved I-140. I do not know why, though.




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  • tabletpc
    12-15 11:54 AM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,




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  • loudoggs
    11-21 12:00 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.




    minimalist
    04-17 01:35 PM
    you should have been OK to go out and get back in, assuming you get the Visa. Probably you can do the same even now, if you do get the Visa.

    I know one person who was working on OPT and their employer filed for h1. She continued to work while waiting for USCIS approval even though the OPT expired.
    Finally when she did get the decision on h1 that it has been denied, she consulted a lawyer, on their advise, left the country immediately and got back in on H4. However, it was less than 180 days since her OPT expired.

    I am not sure how the o1 works or if this info may be relevant to you.
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot




    reallow23
    09-28 05:25 PM
    Hello Everyone,

    I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....


    Thanks
    Anan:confused:



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