Wednesday, August 31, 2011

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  • pappu
    06-07 01:40 PM
    can't make it to DC, made a contribution.
    Transaction ID: 94R50453J99520901

    Good Luck !!!

    Thanks





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  • gsiskind
    05-12 04:04 PM
    Greg,

    The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.

    So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".

    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.





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  • desi3933
    08-13 11:26 AM
    USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.


    It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]





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  • matreen
    12-18 11:22 PM
    Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....

    Any sugessions.....???

    Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.

    Thanks,
    M



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  • suriajay12
    03-26 09:05 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK

    Voted UP for anything to do with legal immigraiton. 3-4 more hours its open.





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  • satishku_2000
    08-10 05:05 PM
    may be he is not from india :D

    May be he or she has a spouse whose birth country is non retrogressed .. :)



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  • seekerofpeace
    09-10 11:17 PM
    Well VXG,
    I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........

    Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....

    Well Boston USCIS is no better we have experience over there too couple of years back....

    Will have to go there again..not sure if Lawrence has Biometrics facility or not....

    OOOOOOOOFFFFFFFfffff how much more can I bear..................

    SoP





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  • Junky
    10-28 08:02 AM
    Happy diwali to every one.
    May the festival of lights fill your hearts with hope, peace and serenity



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  • pasupuleti
    05-11 01:36 PM
    Good Job:). I heard your conversation. Thanks for making our case.





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  • gjoe
    08-21 10:23 AM
    ^^^bump^^^

    For Rfc



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  • somegchuh
    10-26 02:56 PM
    arnet,
    So they took the original I 797 after the itnerview and mailed it back with the passport?

    Mihrid,

    they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.

    I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find

    Have a question about your NIV application? Contact the NIV unit by the following methods:
    Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
    E-mail: nivnd@state.gov
    Fax: (011-91-11) 2419-8407

    Want to contact VFS? Please use the following methods:
    VFS Helpline (Excluding Punjab): 011-4222-0000
    VFS Helpline (Punjab): 0181-504-1444
    E-mail: infodelhi@vfs-usa.co.in
    VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.

    If you are calling from outside India, please call VFS at 011-91-44-4231-6767.

    our experience:

    they will mail back those.

    my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

    I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

    it took 3 days after interview date to get the stamped passport and documents through courier.

    If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.





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  • goosetavo
    01-31 12:14 AM
    By jumping ahead with high-skilled immigrants of course! =D

    Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.



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  • TwinkleM
    01-30 12:13 AM
    Hello Ravi,

    Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.

    Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.

    Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.

    In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.

    Answers:
    1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.

    2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.

    3) Until u get the answer to ur appeal.

    4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.

    5) Since you do not have EAD, you cannot continue working on ur current project

    6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.

    7) yes.

    8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.

    9) Yes.

    Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.


    Goodluck





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  • JunRN
    11-05 04:31 PM
    Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.

    Thanks!



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  • GCard_Dream
    04-05 06:18 PM
    I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?





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  • vandanaverdia
    09-09 02:09 PM
    We have very little time on our hands. This is calling all WASHINGTONIANS. Lets do something & make a difference!



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  • hydubadi
    03-31 02:13 AM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:





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  • BharatPremi
    08-30 05:42 PM
    babu,

    Congrats to get out from this hell and Thanks for your Promise to continue to support us.





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  • shirish
    08-15 03:16 PM
    One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)





    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.





    saketkapur
    07-06 02:50 PM
    But I did have a valid H1B stamp in my passport at the time of entry......

    You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......

    regards
    Saket



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