الخميس، 16 يونيو، 2011

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  • rajmehrotra
    07-05 11:45 AM
    What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.

    All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.

    Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.

    The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.

    If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.




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  • sparklinks
    11-19 11:09 AM
    I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.

    Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).

    It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).

    Anyone else having issues?

    Yes ,I had the same issue, try now its working good




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  • tabaching
    10-22 09:40 PM
    Hello guys,

    thanks for the reply.
    But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?

    Please advice.




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  • number30
    04-09 06:28 PM
    If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.

    That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.



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  • mwin
    06-11 08:57 PM
    I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
    "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

    Is there something I can do to resolve this?
    I sent the application to the following address:
    USCIS TEXAS SERVICE CENTER
    Atten: E-File I-765 PO BOX: 852401
    MESQUITE, TX 75185




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  • ss777
    12-17 02:15 PM
    Arrived at IAD POE with 5 days left on AP before expiry. No problems. You will get 1 full year from the date of entry on I-94 irrespective of expiration date on AP.



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  • baburob2
    06-04 02:00 PM
    Hi,
    My H1b visa stamp is of Company A with expiry date Dec 1, 2007.

    I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.

    My question is below.

    Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)

    I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.

    Thanks
    To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.




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  • GCaspirations
    10-04 03:46 PM
    Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!

    As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
    There would be lot of people in these three categories.
    Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.



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  • WillIBLucky
    06-20 08:48 AM
    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.
    Do they also take digital pics? I have already got photos taken from CVS...and they said its passport pics.......do I still need to take from AAA?




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  • satishku_2000
    08-10 01:40 PM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.

    RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.

    Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process



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  • piyu7444
    03-18 03:41 AM
    My husband received a �Transfer Notice� for his I-485 from TSC. This is what the notice says.
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    Here is brief history.
    My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
    1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
    2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
    3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
    4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
    7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
    I am really concerned about the interview. Please let me know what you know about this.

    I have described what to prepare and details can be found at
    http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444

    Thanks.

    I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)




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  • Devils_Advocate
    03-22 02:40 AM
    Rest in Peace



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  • kris187
    07-24 03:36 PM
    What happens if i moved twice without informing of address change. Will it still be ok to do it now. I am on H1B with i140 approved. I think I have the address that they have on file.
    Thanks.




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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.



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  • purgan
    11-17 10:37 AM
    jonty 11....what "secret" are you talkin about...

    All the people who oppose SKILL, the anti-immigrationists, the protectionists, etc all know of the lobbying and are actively opposing it (while keeping their focus on next year's Amnesty bill too)...




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  • regacct
    12-20 08:26 AM
    If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?



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  • meridiani.planum
    07-19 03:20 AM
    Thank you Ganguteli and Elaine for your responses.

    It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.

    Thank you once again for your replies.

    good to hear that it worked out ok in your case!
    One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]




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  • number30
    03-30 02:02 PM
    I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.

    Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?




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  • nav_kri
    03-20 09:54 PM
    "USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."

    Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?




    conchshell
    08-14 07:36 PM
    Enjoy n congratulations!!




    aperregatturv
    04-20 05:24 PM
    I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Your Case Status: Post Decision Activity

    On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    But i have not received the document yet and wife is leaving on 24 th Apr 2011.
    I would like to know if she can go without and when i get it i can mail the document so she can come back.

    Please help.

    Thanks
    Arun



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