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  • help43
    09-11 05:03 PM
    i am applying for H1-B amendment before going to the stamping

    is it a good step to handle the situation?

    They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.

    Please advise on these options....





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  • indianindian2006
    10-09 05:20 PM
    Hi,

    It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!

    You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.





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  • gconmymind
    05-29 11:17 PM
    ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is

    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
    Error while sending fax....

    Immigration Voice Web Fax
    Message was not sent
    Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net





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  • gimme Green!!
    07-04 10:26 PM
    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.

    Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)

    Good luck!!



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  • dixie
    09-11 07:06 PM
    We cannot fault USCIS for the BEC backlogs .. thats the work of the even more incompetant DOL.Even they have improved with the PERM system. Our battle with retrogression is really a political issue more than a procedural one .The one place there is major room for improvement for USCIS is to use a more reliable system of advancing PDs than the current arbitrary system. There is no denying that USCIS has been improving lately with respect to service times(given the scarce resources), so lets give them credit where it is due.





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  • glus
    12-18 06:42 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....

    Now, in addition, I see 12/18 LUD on my pending I140.....weird or they are processig my I140, pending since last December



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  • hate_me
    12-16 04:45 PM
    I got my licensed extended till EAD expiry date and they have given me an month more than EAD expiry date, this was done in Wayne, NJ, and I know atleast 20 people who got their license extended on base of EAD in Wayne. Your friend might not have provided other required documents, you just dont get license renewed on base of EAD only, you have to provide address proof, SS etc. Your friend might have missed some of the documents or he might have shown attitude to the the clerk, or that clerk might have taken lessons from USCIS employees in creating their own rule.


    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?





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  • onemorecame
    06-07 10:28 AM
    Contributed $50...
    Transaction ID: 0376-4645-8164-2141



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  • REQUIRE_GC
    07-12 10:47 AM
    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.

    I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time





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  • chris
    12-15 04:03 PM
    Any of got approved based on this memo ?

    USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.



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  • lostinbeta
    10-21 10:18 PM
    Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.

    Poofiness..... ummm..... airbrush tool :P





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  • cjain
    07-23 04:38 PM
    well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.



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  • DSLStart
    09-19 02:53 PM
    It takes some time for VFS to receive passport from embassy. Sometimes 3/4 days.
    But didn't you ask her if you were granted visa or not? If they retained your passport thats tell that visa is issued. Also keep tracking via SMS, that seems to be more accurate. Keep us posted here. Good luck.

    i had interview at mumbai consulate on friday morning 9.30.

    EVERYONE please take time to read and reply...


    the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
    she asked me the name of company, my job title etc..i replied ...
    and then she asked me for my old passport and wrote CWOP on expired visa.....
    she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."


    here is the deal...she did not gave me any slip or anything and said we can go now.....

    WHAT WILL HAPPEN?

    will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?

    expert any advise?
    i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?





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  • Dhundhun
    07-10 01:43 AM
    .. X made appeal and you continued working with X. Why do you think this to be illegal?

    .. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?

    .. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.

    .. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.



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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)





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  • hazishak
    09-04 10:22 AM
    I did read somewhere that it takes 30 days for USCIS to locate one single file. All applications might not be in the database as only 30% (approx) of all the pending applications are databased.

    How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)



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  • harsh
    05-31 09:37 AM
    The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.

    Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.

    Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.

    And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.





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  • sudhirdd
    07-11 04:36 PM
    As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..

    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.





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  • bobby
    04-03 11:09 AM
    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW





    goodiespan
    11-30 01:42 PM
    Hi everyone

    My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.

    Our experience:
    Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
    Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
    Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
    Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
    Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
    Which employer?
    How long on H1B?
    What do you do?
    Has immigration petition been filed? (Yes)
    Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
    Why stamping in Canada?
    Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
    Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
    Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
    We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!

    Please feel free to ask any question! Good luck!





    furiouspride
    01-12 10:50 PM
    This is a serious matter my friend. You should consult a good immigration attorney ASAP.



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