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  • lghtslpr
    02-09 12:56 PM
    we can set up web fax with the same content.

    Please just do it! Then let people know here and there. I'll try to get the word out too.

    (This is a grass roots effort, so there is little top-down orchestration.)





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  • desi3933
    06-25 02:07 PM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...


    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    2. What was amendment for?
    3. Why H-1B amendment was denied?

    Please answer these questions, before I can put my opinion.


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • hsingh82
    02-24 02:41 PM
    Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks

    I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.





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  • mdmd10
    09-11 03:59 PM
    Just voted. I am still waiting for a miracle.



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  • panky72
    09-17 05:09 PM
    there was a thread before which I am unable to find..abt a guy who was told that Ap is only for emergency travel...someone had quoted a law from INS taht said otherwise...I want to keep a copy of the law handy in case I find an eccentric IO at POE...

    Anyone has a link to that legislation..?

    its probably this thread
    http://immigrationvoice.org/forum/showthread.php?t=21334





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  • us_employee
    02-09 05:39 PM
    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.



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  • rajenk
    09-16 04:35 PM
    I guess you guys are not qualified for AC21 after approval! Here is the detailed article on this specific topic from Murthy.com. You should have done the AC21 before your case got approved.

    MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/mb_pdf/082710_P.html)





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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.



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  • Anders �stberg
    May 2nd, 2005, 07:54 AM
    Thanks Kevin! Trial and horror it is then . :-)





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  • willigetgc?
    05-04 10:15 AM
    Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?

    You can find the answer here:

    Right.

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward



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  • burnt
    04-08 12:10 PM
    Friends - Thanks for your help on this one. After getting suggestions from you guys, I did call my lawyer too. He asked me to go back to the airport and Submit my I-94 and related docs to the CBP department there.

    After that I called the CBP Customer care for NJ at (703) 526-4200 and the rep asked me to go to CBP website and asked me to mail the I-94 to the address written there. Here is the link for your reference. Alo in this website, it says clearly, DO NOT submit to any other CBP office other than the address mentioned.

    http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1

    I don't understand why the lawyer suggested me to physically go to the Airport to submit my I-94.





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  • SpookyH1Alien
    12-08 06:10 PM
    Hi Praveen

    I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.

    My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case

    Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.



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  • lazycis
    12-22 08:48 AM
    Appreciate all of your valuable inputs.

    I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

    If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?

    Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
    You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.





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  • loveiv
    05-25 10:23 PM
    Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
    According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
    USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
    Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
    applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
    Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.

    Source: www.immigration-law.com

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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris





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  • somegchuh
    10-26 12:18 PM
    My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.

    Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.



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  • coopheal
    05-06 12:39 PM
    Transaction ID: 15509419M155420

    You sent a payment of $100.00 USD to Immigration Voice (donations@immigrationvoice.org)

    It may take a few moments for this transaction to appear in your account.

    Thanks





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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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  • kaisersose
    12-17 10:16 AM
    This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.

    USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.





    raj2007
    04-02 09:25 PM
    My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

    I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

    Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

    my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

    Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

    Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

    Your early response helps me take a decision.

    I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.

    Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.

    MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.





    coolpal
    03-27 12:45 PM
    I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
    I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.

    But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.

    pal :)



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