maddipati1
12-03 03:24 PM
there are lot of threads abt this topic. search it.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
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InTheMoment
06-22 09:50 AM
With the USCIS recent notice on mandatory TB-test unless supported by a valid explanation by the Civil Surgeon, I feel it is a clear invitation for a RFE (one of the most common. Search past RFE's and you will be amazed to find how common this is!)
reddy_h
08-14 04:04 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.
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sunny1000
11-27 03:27 PM
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Waiting Game,
I don't know about Mumbai but, as you know in Chennai, they don't give back the passport until the next day atleast. I got mine 2 days later at Chennai last month, that too by going personally to the VFS office to pick it up. So, you may want to give yourself at least a day for your flight back.
Good luck with your stamping.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Waiting Game,
I don't know about Mumbai but, as you know in Chennai, they don't give back the passport until the next day atleast. I got mine 2 days later at Chennai last month, that too by going personally to the VFS office to pick it up. So, you may want to give yourself at least a day for your flight back.
Good luck with your stamping.
more...
delax
11-08 01:43 PM
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
Jaime
09-04 10:46 AM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=outsourcing&articleId=9033819&taxonomyId=72&intsrc=kc_feat
more...
noone2day78
02-15 01:17 PM
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
ohh is this really true? can u specify a source for this ?
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
ohh is this really true? can u specify a source for this ?
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BharatPremi
03-17 10:26 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
more...
binadh
10-02 11:22 AM
Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?
What the &*^% is going on? !!@$%ing DOL.
:mad:
What the &*^% is going on? !!@$%ing DOL.
:mad:
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fortune50
07-17 09:24 PM
Hi,
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
more...
hopein07
02-09 10:32 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
Read below what happened to the court case in UK.
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
You can simply FORGET ABOUT LAWUSUITS etc.
Read below what happened to the court case in UK.
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
You can simply FORGET ABOUT LAWUSUITS etc.
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cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
more...
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drirshad
04-18 11:18 PM
http://hammondlawgroup.blogspot.com/
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
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pani_6
02-09 09:48 AM
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
grounds for a law suit!!
more...
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H4_losing_hope
04-15 04:28 PM
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
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anilsal
08-21 02:04 PM
not only that you got GC but also you made a one time contribution to IV.
more...
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shirish
08-31 01:46 PM
USCIS goes by country of birth, so registing a new country will not work.
OK so we're 1 million in the backlog. That could be a small country.
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
OK so we're 1 million in the backlog. That could be a small country.
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
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new2gc
08-13 01:42 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
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REQUIRE_GC
07-13 10:08 AM
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck
I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck
Berkeleybee
04-03 07:29 PM
All,
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
DDLMODES
10-09 07:47 PM
Service request ?? What is that ??
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
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