PHANI_TAVVALA
12-02 04:17 PM
>>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
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pappu
03-06 05:47 PM
Pankaj, can you organize the conf call and start activities. Others will join and help you.
xgoogle
08-25 02:08 PM
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viper673
06-08 11:11 PM
Hi Dingudi,
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
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jkays94
04-09 11:22 AM
Its still better to try than not to try at all. If any IV members are in Sensenbrenner's, Peter King's (NY) (co-sponsor HR4437) districts as well as Lamar Smith's (TX) they could try and set up some meetings. I think meetings may potentially have a positive effect. As is evident from other postings, some congressional staff members do not know the difference between GC's and H1-Bs, others view high skilled workers the same way they view low skilled workers, and others have no idea about the hardships EB applicants go through, yet it is these same staff members who are charged with keeping the law makers informed or conducting research. While it might be futile to try in some of these cases, it doesn't hurt to do so.
serg
04-06 11:01 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
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bsbawa10
09-29 08:41 PM
Extremely well put together. Can we send it to USCIS director so that it can make some impact ??
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90210
05-11 01:54 PM
Hello 90210,
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
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cyclone_p
06-21 12:24 AM
Hello :
My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.
First Renewal Attempt :
I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :
The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.
The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).
Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.
Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.
Second Renewal Attempt :
So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.
This new app reached USCIS on June 1, 2010.
It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.
Needless to say, I was confused, frustrated, angry, sad...and everything in between.
Starting Third Attempt :
Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.
I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...
a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)
b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.
First Renewal Attempt :
I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :
The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.
The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).
Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.
Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.
Second Renewal Attempt :
So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.
This new app reached USCIS on June 1, 2010.
It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.
Needless to say, I was confused, frustrated, angry, sad...and everything in between.
Starting Third Attempt :
Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.
I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...
a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)
b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
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sundevil
03-11 05:48 PM
It does not become any less fraudulent if the employer participates in it. You are applying for a Green Card sponsored by an employer saying that employer needs you, without ever intending to work for them once you get it. Don't you see it. Its fraud.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
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Roger Binny
04-06 01:14 AM
If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.
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rnvd
10-30 04:41 PM
Hi rsdang,
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
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glen
08-05 11:53 AM
I got my passport renewed last year by mail. It took 7 - 8 weeks to get the old and new passports.
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
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meridiani.planum
08-12 05:40 PM
if your applications are pending for over 6 months (approvable and your PD isc urrent for this long), file a writ of mandamus. Thats the only thing I have seen that moves USCIS to approve such old applications that are hiding behind the 'under background check' flag. Note that FBI namecheck is also now required to be completed within 180 days, so there is no excuse for an application to remain approvable but not approved beyond those timelines. talk to a good lawyer and pursue your case aggressively.
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jayram123
07-12 12:05 AM
If this is true it's really horrible and scary that this gov. agency is handling our applications.
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
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mundram
04-20 12:03 PM
Recently, I was in the similar situation but with H4 dependents.
Here was the response from my lawyer:
"the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."
The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.
Here was the response from my lawyer:
"the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."
The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.
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saro28
11-07 05:52 AM
agc2005: I am sending in the card and new photos along with the application today to TSC. According to USCIS Service rep, I don't need to attach the fees. Now I need to find the address where to send.
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mbartosik
02-17 01:24 AM
Hey, it is welcome, but it is also proof that the people running this system cannot count.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
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anil
06-14 10:40 AM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
sobers
04-07 09:09 PM
Yes this is funny indeed:-)
Seems this guy is like an Ogre...
Anyhow, faxes is only one aspect. We need to try to make some personal contact with the staff, perhaps visit his DC/Milwaukee offices. If we can focus our energies there, i sincerely think we can reap greater rewards.
I sent you guys a pm. check it out.
Seems this guy is like an Ogre...
Anyhow, faxes is only one aspect. We need to try to make some personal contact with the staff, perhaps visit his DC/Milwaukee offices. If we can focus our energies there, i sincerely think we can reap greater rewards.
I sent you guys a pm. check it out.
bkarnik
04-20 05:29 PM
I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
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