njdude26
07-12 01:39 PM
My case was closed in Error at the PBEC. My attorney had sent a letter saying this some months ago. Today my attorney informed me that there is some new procedure of re-opening cases that was closed in error using which he says he sent the information by email today.
Just thought will give you guys the info.
Just thought will give you guys the info.
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TwinkleM
06-25 11:50 PM
Thank You Ms. Sen.
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
The7zen
05-28 02:58 PM
I just did....keep it coming guys.....
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Jimi_Hendrix
12-16 05:46 PM
To make any educated guess there has to be a basis. You need to have some data or some other relevant information. Unfortunately there is no data available that can help one make an educated guess about the future movement of EB3 India.
In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.
In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.
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sagar_nyc
08-10 05:01 PM
may be he is not from india :D
and.... my Mustang can fly if i put it in the reverse gear
and.... my Mustang can fly if i put it in the reverse gear
GCNOMAD
03-07 01:51 PM
Hi,
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
more...
njdude26
09-27 08:21 AM
Hi!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
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anilsal
07-30 01:36 AM
Unless you screw up something, they will not deny in Canada. But may in the rarest of cases ask you to go to your country of origin to get the visa.
Having a US degree helps. Just appear confident and brush up your English and accent(do not fake it. Just be normal and greet as you do with American friends. Also do not show off.). The VO really like people who seem to have assimilated into the culture.
Having a US degree helps. Just appear confident and brush up your English and accent(do not fake it. Just be normal and greet as you do with American friends. Also do not show off.). The VO really like people who seem to have assimilated into the culture.
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ARUNRAMANATHAN
05-31 09:41 AM
Contributed More than 100$ recently
Plus the ongoing contribution.
As mentioned above, TRUST ... As you must be aware that IV is only non-profit organisation fighting for our rights. So please extended your helping hand .... !
Plus the ongoing contribution.
As mentioned above, TRUST ... As you must be aware that IV is only non-profit organisation fighting for our rights. So please extended your helping hand .... !
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sweet_jungle
01-04 02:39 AM
This was in past not now.
In CA, my wife got a DL renewal notice which asked her to come to office and show legal presence documents. She is on EAD and H4 visa has expired long back.
So, she went to DMV office and took all the documents like EAD,485 receipt, etc.
However, at the counter, all she asked was the current DL. no immigration documents asked. things went smoothly. I guess she was just lucky.
In CA, my wife got a DL renewal notice which asked her to come to office and show legal presence documents. She is on EAD and H4 visa has expired long back.
So, she went to DMV office and took all the documents like EAD,485 receipt, etc.
However, at the counter, all she asked was the current DL. no immigration documents asked. things went smoothly. I guess she was just lucky.
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ashkam
09-11 08:32 AM
In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.
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ahmed
03-07 03:54 PM
I'm impressed by the quality of all your guys' work. I voted mlkdave :)
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cheg
07-15 01:47 AM
My husband and I filed our documents last July 5. It reached USCIS on July 6. I was also confused whether to file or not but I said to myself that even if we don't win the lawsuit at least we tried. I know we all don't know the outcome of this whole fiasco but the only thing we can do is hope and pray for the best. My brother is also H1 and just waiting to adjust status like me and my husband but he hasn't filed his documents. I can't tell him what to do because it's his own decision. I do know that I feel good about our decision and no matter what the outcome is, I'm glad that my husband and I did file our documents. So come Monday, I'll be keeping my fingers crossed and praying for all of us. :)
tattoo Dexter
satishku_2000
05-26 07:43 PM
This new law in its current form affects everyone who is here legally whether someone is a Student or H1B
1. Some one who is a student he gets extended OPT
2. The moment student want to file for H1, his employer should be willing to shell out nearly $10,000
3. Every extension subsequently costs same amount unless they dont increase it further.
4. Some one on H1b cant do consulting.
5. Some one whose EB petition is pedning and nearing 6th year is scrwed because of the reduction in VISA numbers and repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
A spoke with at least 10 people and have them signed up for IV.
Folks , Please talk about this issue when you make weekend calls. No one from EB community is spared from this draconian bill .
Make phone calls and have your people signed up for IV
1. Some one who is a student he gets extended OPT
2. The moment student want to file for H1, his employer should be willing to shell out nearly $10,000
3. Every extension subsequently costs same amount unless they dont increase it further.
4. Some one on H1b cant do consulting.
5. Some one whose EB petition is pedning and nearing 6th year is scrwed because of the reduction in VISA numbers and repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
A spoke with at least 10 people and have them signed up for IV.
Folks , Please talk about this issue when you make weekend calls. No one from EB community is spared from this draconian bill .
Make phone calls and have your people signed up for IV
more...
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coolmanasip
07-19 09:51 AM
GURUs cna u reply when you get a chance!
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franklin
06-15 12:33 AM
Hi
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
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jcrajput
09-26 05:02 PM
This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
girlfriend Dexter and the donuts
bestofall
07-28 04:27 PM
CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
Is any one would like to join this !
Is any one would like to join this !
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gc_on_demand
06-15 04:21 PM
Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.
stevensjd
04-28 11:59 AM
My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
deepakjain
02-24 11:14 AM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
