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saketkapur
09-04 03:03 PM
They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
I also won't be surprized if the fees go up in the next round.
Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......
Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
2. Increase the fees.....
3. Increase the rate of denials: more denials mean more MTRs mean more revenue......
Its a business and you will do whatever to survive.........nothing personal........
That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
I also won't be surprized if the fees go up in the next round.
Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......
Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
2. Increase the fees.....
3. Increase the rate of denials: more denials mean more MTRs mean more revenue......
Its a business and you will do whatever to survive.........nothing personal........
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TwinkleM
12-10 11:16 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
rsdang
07-21 12:18 PM
Guys,
Make an infopass appointment and they can put a stamp in your passport which will allow you to travel.
Thanks
Randeep
Make an infopass appointment and they can put a stamp in your passport which will allow you to travel.
Thanks
Randeep
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Dakota Newfie
07-13 09:36 AM
Since the topic of giving preference to professional athletes has come up, I'd like to relay an the experience I had when I came to the U.S. for a job interview in August of '01; when going through U.S. customs at Logan Airport (this was pre 9/11), I was arbitrarily "singled out for interrogation" for TWO HOURS! During that time, a customs official made some small talk with me while we waited for the supervisor to arrive and he asked me if I was a hockey player (since I am Canadian) to which I replied "no"; he then informed me that was too bad because otherwise I would pass through without any problems or questions! Too bad they didn't "single out" Atta and the boys the same way two weeks later- or maybe they went through as hockey players!
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chunky
07-26 03:14 PM
Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure
kramesh_babu
08-20 03:58 PM
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
I fully agree.
I fully agree.
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gc_kaavaali
11-14 04:09 PM
somebody gave red mark...what happened???
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waitin_toolong
11-06 08:29 AM
hey no one checks if you really need it or not, maybe request one for MIL or whoever is more feeble. It always helps the first time. Getting in and out of planes and getting to right place at right time. (you are not charged anything for service, though some tip is always appreciated).
You and spouse will also have an easier time from the time they board to the time you meet them.
You and spouse will also have an easier time from the time they board to the time you meet them.
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b_boy
10-14 02:43 PM
Basic Thumb rule is none of the insurance for visitors cover any pre-existing conditions, so the insurance you buy mainly covers accidental injuries (falling down from stairs / falling in bath tub / auto accident etc.) and bare minimal medical illness (very basics such as fever / cold etc. believe me if it's some thing else the doctors would relate it to a pre-existing condition)
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
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StuckInTheMuck
07-15 02:14 PM
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
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martinvisalaw
12-01 06:01 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
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gcinterview
06-11 04:45 PM
I completed my interview in mount laurel, NJ. Went well, in the end, was told no visa numbers available took my I94 from passport. Sigh!!! numbers were available until last month(:-(). Any way was given a letter stating case would be held in abeyance until priority date becomes current. They are advising me not to travel until you get the green card, they say it would be finalized soon. Any one in similar situation?
I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.
History:
My 485 was filed in NSC in July'2007.
I have 2 I-140 petitions, and dates are current(Eb2 India).
Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
Case got transferred from NSC to local office in April'2009
After about 8 days of transfer to the local office I received Code 1 Finger print notices.
What does that mean? Any one had similar experiences?
Here is the message I got last month.
We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.
History:
My 485 was filed in NSC in July'2007.
I have 2 I-140 petitions, and dates are current(Eb2 India).
Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
Case got transferred from NSC to local office in April'2009
After about 8 days of transfer to the local office I received Code 1 Finger print notices.
What does that mean? Any one had similar experiences?
Here is the message I got last month.
We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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dixie
08-21 09:58 PM
The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
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pan123
08-31 10:10 AM
Based on my reading, I interpret that it's not final. They have engaged USCIS in that conversation, but no final rule has been released. By the time rule is released, probably I will have my EAD.
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jatinr
08-17 10:12 PM
And you will there with your friend...//wink.. correct.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
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amitjoey
05-31 04:27 PM
100.00 - Google Order #601837695595056
also post in the funding drive.
also post in the funding drive.
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Tshelar
11-11 08:35 AM
I am guessing you are only worried about the original degree getting lost in this process. Worst case scenario you can always get another one issued from the university.
Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
I am guessing USCIS is trying to follow a similar process as any U.S college admission process.
Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
I am guessing USCIS is trying to follow a similar process as any U.S college admission process.
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GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
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Legal
09-20 07:22 PM
K_SING,
You can invest, but be careful.
You can invest and earn money, but you shoulddn't be "working" to generate money. If you "work" at stock trading, and generate money this is a violation of your H1B status. You could land in trouble, if I were you I will stop it.
Attorney Siskind addressed this issue recently (visalaw.com), i don't have the web link.
You can do passive investing in mutual funds or stocks. you can invest in real estate funds, but if you actively manage a property and make money you could be in trouble.;)
You can invest, but be careful.
You can invest and earn money, but you shoulddn't be "working" to generate money. If you "work" at stock trading, and generate money this is a violation of your H1B status. You could land in trouble, if I were you I will stop it.
Attorney Siskind addressed this issue recently (visalaw.com), i don't have the web link.
You can do passive investing in mutual funds or stocks. you can invest in real estate funds, but if you actively manage a property and make money you could be in trouble.;)
mattresscoil
12-09 07:58 AM
Hi,
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
Venkatanathen:
Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
Venkatanathen:
Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.
tnite
07-26 03:11 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
