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  • tabletpc
    10-17 12:15 PM
    Can anyone tell me what it means in terms of documents...???





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  • god_bless_you
    08-15 08:29 AM
    what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
    do they have any word to say in this deep visa retrogression for indian origin?





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  • mihird
    03-15 10:50 AM
    As such residency on h1b is extremely in recent times so I guess same is with fellowship.



    You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

    Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

    Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

    In that scenerio, fellowship on a H1 might be a bit of a problem...

    I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

    You will unnecessarily complicate her immigration profile...





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  • sanju
    10-09 05:07 PM
    Hi! there,

    Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.

    And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.

    Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?



    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!



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  • universalgc
    08-10 12:41 PM
    Hello All

    My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
    "The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
    I am confused,will they accept the application,checks are not cashed yet,applied on july18th
    Please Help

    Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
    I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.

    Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.





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  • bugmenot
    06-08 01:15 AM
    well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

    So I say: CIR, RUST in PEACE.

    u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again



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  • krishmunn
    03-04 12:28 PM
    Also from Attorney blogs ---- If the employer does not file a new LCA (and you are not in a position to ask for it or quit the job), send a mail to Employer asking for a copy of new LCA as of first day of work in the new site. By law , it is employer's responsibility to file a new LCA and give a copy to you. If you send the mail, it is a proof that you have been trying to be on right side of law and employer is at fault.

    If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.





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  • greencard_fever
    08-31 01:03 PM
    Hi Guys,

    I am a July - 2007 filer and we got the FP request in July for me and my Spouse, I have not applied for any EAD or AP extensions recentlly, for a side note i have to travel out side US in July and my attorney requested for FP reschedule (which was actually scheduled in last week July) for atleast 6 to 8 weeks, but USCIS sent me the request with in a week with an FP date just 3 weeks apart from the original one..so i had to rush my things and had to come back to US to get the FP done..



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  • ram_ram
    02-11 09:00 PM
    My situation would answer your questions.

    My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
    The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.

    Thanks.

    Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?

    One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.

    msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.

    Thank you!





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  • Phaedra
    05-30 06:45 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!



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  • roseball
    07-20 06:03 PM
    Hi

    I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
    My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.

    Does anyone have any insight into this???

    I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????

    Any ideas or knowledge on the process would be much-appreciated.
    (I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).

    PD: 07/16/2004
    I -140 Approval: 02/20/2007
    I-485 (July 2007) -
    VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
    Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
    Biometrics: 11/05/2007

    You could also take an InfoPass appointment and talk to an Immigration Officer face to face to get more clarity on your case.





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  • Appu
    04-08 04:23 PM
    Zogby, Time, CNN, ABC news, CBS news to do a poll this way:

    Who do you think is right on immigration - the house or the senate?

    I bet a majority will say "the senate". That should give the House anti-immigration group some pause.

    Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.

    If you do find a poll like this, popularize it by sending it to local news outlets.



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  • jonty_11
    07-11 06:21 PM
    Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.

    http://blogs.ilw.com/gregsiskind/

    Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
    What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

    They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

    Does that make sense.?





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  • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.



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  • irrational
    04-03 04:38 PM
    Hi Milind70,
    Can you please send me the format of the letter which your wife wrote to USCIS.

    email: irrational.number [at] gmail [dot] com

    Thanks folks for providing me with the support





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  • GCKarma
    07-21 08:57 PM
    With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?



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  • Dhundhun
    07-16 03:53 PM
    If the processing date is July 17, on what basis they are selecting files which has reciept date July 30...

    In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.

    So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.





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  • jsb
    08-31 03:00 PM
    jsb thanks.

    Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)

    No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.

    Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.

    Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".

    There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.

    Bottomline is that the whole process translates to Luck.





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  • Ramba
    07-31 05:57 PM
    Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

    (to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)





    mohitb272
    11-06 11:54 AM
    Hi,

    did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

    Please let me know if u got ur receipt number.
    any one else who are wating on receipt number who filed I-485 on july 2nd.

    Did your checks get encashed?





    lahiribaba
    02-12 02:08 AM
    When I had posted a similar concept a few months back in this site I was ridiculed and called a madman...but now I see appreciation from the same people about a similar idea.

    Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.

    We get what we deserve..:)



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