Tuesday, June 14, 2011

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  • ck_b2001
    07-17 07:37 PM
    Hi All,

    I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

    My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

    I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

    Please advise.
    Thanks,
    Nachi

    You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.




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  • puvathoor
    02-17 09:02 AM
    Even if Charles did say that EB2 India / China will have a cut off date of Dec 2003, how come the lawyers did not question him on this logic?

    EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).

    What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.

    While I would love for this to happen, this seems to be a very remote possibility.




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  • aa_ke_phas_gaya
    06-24 06:13 PM
    Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.

    Don't get your hopes high.... just get your head down and work for them.




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  • mambarg
    07-27 06:58 PM
    Is your question about Approved 140 or Pending 140.
    I am also curious to know.
    As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
    Bad but what can we do ???????



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  • zCool
    12-14 11:43 AM
    Go to Canada or India and have a vacation. You have a real job right?
    Shouldn't be hard to get Visa stamped and then come back.




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  • Almond
    07-13 03:46 PM
    ROFL buehler you are too funny!!

    PD_DEC2002 I never even realized there were messages when going over those squares, how interesting!



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  • chanduv23
    06-12 02:30 PM
    Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.

    As KI am born in October - will I have any special consideration :rolleyes: :rolleyes:




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  • gc_on_demand
    06-12 09:55 AM
    Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
    You should find another job asap.
    If you cannot, then leave the country. If you overstay you will be illegal.

    And if you are an anti-immigrant posting on this site to provoke people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop coming to this site and try to malign law abiding people. Got it.

    If there is a counter american available for your job then you shoul leave that company and find another job if you cannot find then leave counrty. Bset of luck in your job search.



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  • makemygc
    07-18 11:56 AM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/

    I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.




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  • eb3_nepa
    04-13 09:56 AM
    People on here mentioned that there was a special provision for a a further 3 month wait for the director of immigration studies to examine it. Is that true?

    Now is 90 days a normal wait time, or is there something special in this bill?



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  • roseball
    05-14 01:34 PM
    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..

    Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.

    However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.




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  • gc_on_demand
    11-20 12:13 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.

    Harivinder ,

    WE are core here. Right now given economy environment only few members are insterested into this forum. Rest are enjoying life with EAD or busy replying RFE's ... We need to wait for sometime becasue no matter how loud you cry right now no body is there to listen. ( Lame duck session is short and 100 % no hope for us. )

    I dont think we can push something to congress untill Feb 2009. So enjoy time with family in holidays.



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  • saravanaraj.sathya
    08-22 03:07 PM
    Paskal:

    Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.

    if no one responds here, please find a friend in Buffalo to travel with you!
    or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...




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  • diptam
    10-13 03:16 PM
    Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.

    But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.

    That dress is - "Red Shirt"

    Hope this helps !



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  • sai
    06-16 01:48 PM
    Last 3 months statement should be more than enough. I printed online statement attested and sent it. I had no problem.




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  • a1b2c3
    02-11 11:48 PM
    damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)



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  • krishnam70
    06-18 11:40 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?

    1. Your Evidence of legal stay can be gathered from the stamps in passport
    2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.

    3. O-visa is dual intent.
    http://www.greencardlawyers.com/workvisas/O-1visa.html

    4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.

    5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...

    - good luck




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  • ujjvalkoul
    03-06 11:16 AM
    Mine was at Texas Service Center.
    For EB2INDIA: I filed to get my EAD corrected 3 months ago...no RECEIPT NOTICE yet..


    Did you get a RECEIPT NOTICE or you directly received ur Card after 3 months w/o any receipt notice?




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  • CrazyWorld
    08-04 05:42 PM
    I don't have A# on my approved I-140.

    My I-140 got approved in Jun 06.

    May be they started adding A#'s after Jun 06 OR they include A#'s only for concurrent filers.

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;




    arsh007
    01-31 08:52 AM
    I agree. UnitedNations has been tirelessly providing inputs to a lot of GC cases especially the 3 year degree issues on http://www.immigration.com. His vast knowledge in these areas can surely serve as a valuable knowledge base for potential and current GC applicants. I have been following his posts on http://www.immigratio.com for around 2 years now and his inputs has benefited me in take proactive measures for my employment based GC appliction. Hope we can continue giving his valuable advice on this forum too.




    mambarg
    08-01 01:26 PM
    But dont you guys expect improvement after all this fiasco ?
    Do you not agree that INS will learn some lessons from this ?

    Since DOS does not know or INS cannot tell DOS how many apps it has waiting for approval , then how will DOS decide on the monthly cutoff for EB categories ?
    With all the fiasco. DOS will definitely ask INS and get the estimate before deciding cut off.
    INS also promised that they will work with DOS to make this cutoff process proper ?
    I dont know the details, but we may see a definite change henceforth.
    So be ready for more surprises in coming months.
    Enjoy the ride.............



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