Legal
07-12 02:22 PM
Guys!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.
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drirshad
05-26 11:01 AM
McCain Talks CIR
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
navyug
04-02 12:09 AM
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.
You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.
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pncool01
09-16 01:56 PM
Feel free to celebrate as you please, but keep in mind the less fortunate - not the ones who are waiting for a GC in this country but those who are waiting for their next meal. Ask your wife to make donation somewhere in India or put some money to charity.
For me, symbolic act is enough...I am going to keep it simple
- drive to the border; walk over to mexico and walk back into the US
You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)
For me, symbolic act is enough...I am going to keep it simple
- drive to the border; walk over to mexico and walk back into the US
You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)
more...
chanduv23
01-13 07:14 AM
I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.
Or, if it has been a long time since it is current try contacting the Ombudsman.
Or, if it has been a long time since it is current try contacting the Ombudsman.
bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
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Sakthisagar
05-03 11:32 AM
Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
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HereIComeGC
03-25 02:58 PM
Has anyone gone to Vancouver for H1B stamping? Please share your experience and any pointers. It will be a great help.
Also, I found this on Vancouver consolate website:
"Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "
This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?
Thank you.
Also, I found this on Vancouver consolate website:
"Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "
This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?
Thank you.
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GCStatus
09-04 12:30 AM
Like any new documents which we dont have now?
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GCBatman
04-13 10:03 AM
I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
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number30
09-23 02:29 PM
If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?
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a_yaja
04-23 04:39 PM
Thanks a lot guys for your inputs. I hope everything goes fine.......
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).
If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).
If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.
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dxldad
05-18 12:00 PM
Murthy.com has some advice on this situation, please check their site. This is what I understand. Your daughter can board the flight to US based on the valid AP. Once she reaches US, she needs to inform the immigration officer that her GC was approved. The immigration officer has the authority to let her into the country after checking her records. Murthy has this scenario in detail.
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enggr
10-12 12:37 AM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
more...
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Alabaman
11-09 02:00 PM
Like my name suggests this is Alabama. I am in Birmingham... lets gather round yall.
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seekerofpeace
10-05 11:05 PM
that was hilarious GCN007...BTW my wife got approved to finally....
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
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Mount Soche
04-07 05:04 PM
I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
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jvordar
04-17 08:29 PM
Even if you transferred you can still work for old company and keep on working there without joining new company.
That's what i believe. Please consult attorney for confirmation
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
That's what i believe. Please consult attorney for confirmation
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
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aillarramendi
11-12 08:45 PM
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I hope this can help.
neel_gump
01-29 11:51 AM
no OCI for minor kids...you can get more info @ http://www.indianconsulate.com/
mihird
07-11 03:30 PM
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
The button below the article lets you send emails to Bush and Cheney...
