regacct
04-26 08:04 AM
Try sending the complete info with all the supporting documents, and a letter mentioning that you are sending this in addition to the one that was filed electronically and this was to correct the omission present in the e-filed app.
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Circus123
03-15 10:55 AM
That is my understanding as well...
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Green.Tech
09-17 12:02 PM
if you can find such a company...nothing like it!
but how many have such flexible policies..;-)
I agree! Not many firms out there that are flexible in this case.
but how many have such flexible policies..;-)
I agree! Not many firms out there that are flexible in this case.
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sc3
10-08 01:11 PM
yes, i have unexpired visa. I was wondering if I need visitor visa to go to Mexico and have a new I-94 at port of entry.
Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.
The blog also states that you can ask for I94 at the port of entry. Please google for the blog.
Edit: This is the blog http://tijuanatrip.blogspot.com/
Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.
The blog also states that you can ask for I94 at the port of entry. Please google for the blog.
Edit: This is the blog http://tijuanatrip.blogspot.com/
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nfinity
03-14 10:41 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
kiru_99
10-30 02:25 PM
I called the USCIS they told me that it is rejected b'couse of Filing Fee. I left a message to my lawyer & my employer they didn't get back to me yet. Waiting for there reply
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karthkc
03-20 12:04 PM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
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retrohatao
07-17 02:41 PM
Am I hysteric or what?
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
more...
sapota
10-18 06:03 PM
Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.
Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.
From Oh law breaking news :
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.
From Oh law breaking news :
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
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amohale
11-18 10:11 PM
Hello,
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
more...
krupa
07-10 09:00 AM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
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vin13
09-30 03:25 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
how would you know if you have to get your FP done again...would you get an RFE or something like that?
how would you know if you have to get your FP done again...would you get an RFE or something like that?
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newhandle
03-05 05:52 PM
What I'm going to tell you to do is illegal. So do it at your own risk.
I don't think USCIS is ever going to find out about your income unless you disclose it.
Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.
This is just my opinion.
My SSN and EID is tied to my business. I'm sure CIS has means to find out if they wanted to. Any other suggestions that don't involve lieing?
I don't think USCIS is ever going to find out about your income unless you disclose it.
Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.
This is just my opinion.
My SSN and EID is tied to my business. I'm sure CIS has means to find out if they wanted to. Any other suggestions that don't involve lieing?
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a_paradkar
08-08 07:45 AM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
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andy garcia
09-08 07:53 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
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Coppertop
10-05 09:10 PM
That's ok, I read the rules.
Thanks K!
Thanks K!
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gctex
07-01 11:52 PM
Hi all,
In her passport, my wife's name appears as follows :
Given name = <blank>
Surname = <First name> <Last Name>
Now visa stamping has this :
Given Name = FNU
Surname = <First name> <Last Name>
We are filing I-485 this week and in all the forms we were thinking of giving :
Given Name = <First name>
Surname = <Last Name>
At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.
There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.
The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:
Please advise !
Thanx
-Gctex
In her passport, my wife's name appears as follows :
Given name = <blank>
Surname = <First name> <Last Name>
Now visa stamping has this :
Given Name = FNU
Surname = <First name> <Last Name>
We are filing I-485 this week and in all the forms we were thinking of giving :
Given Name = <First name>
Surname = <Last Name>
At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.
There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.
The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:
Please advise !
Thanx
-Gctex
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Jaime
09-22 08:24 PM
What if we all collect 3-5 stories each (like Ranga's) of people we know who have left or are planning to leave the U.S. as part of the Reverse Brain Drain, put them all in a book form, call this "The face of the self-inflicted U.S. Reverse Brain Drain" bind it and send copies of this book to al Congressmen, media, etc?
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Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
flyingninja
10-30 12:36 AM
Thanks,for providing feedback, please keep sharing the developments or additional information that you might have. Interestingly I did notice that all the candidates in front of me at the VO counter also seem dejected, so it seems this new practice is much more widespread.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
Asian
08-22 01:02 PM
I think it still helps. Skil bill is the best bet and method we got so far. However, it seems to me we are underestimating it. We need to put more concentrated and focused effort on it.
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
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