smisachu
11-29 10:05 PM
Consult a lawer. But you better tell the truth. The system is such that they can dig in all records.
she81
07-13 01:46 PM
Add: "None of the above" and "All of the Above" - or have checkboxes instead of radios.
ItIsNotFunny
03-28 10:23 AM
For my recent H1B extention for 7th year extention, I have come across strange situation.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
webm
07-11 01:42 PM
Count me..PD:EB3-I Oct,2001..AOS still pending...FP,Background check cleared per IO...
more...
sbdol
07-20 10:18 AM
I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
wandmaker
11-16 08:17 PM
I called NSC but I never heard the option that you mentioned (Receipts not received). Could you explain it?
Thanks!
800-375-5283 - I choosed 1,2,2,6,2,2,1 ; I got connected to CSR Level 1 and Level 2.
Thanks!
800-375-5283 - I choosed 1,2,2,6,2,2,1 ; I got connected to CSR Level 1 and Level 2.
more...
bitzbytz
07-13 03:14 PM
do i need to send flowers to everyone so that you can ignore this thread...i agree that this forum is not the place for my question. i hope u understand.
pappu
05-27 02:52 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
more...
paskal
12-14 12:45 AM
for those that have not visited the MN thread under the separate forum for chapters, here is the link:
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
amit1234
08-26 03:58 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
more...
chanduv23
09-16 01:17 AM
Yes Everyone
Bring Uncles And Aunts
Bring Wife And Children
Bring Cousins
Bring Friends
Bring Girlfriend/boyfriend
We Need You All -
Everyone To Dc
Bring Uncles And Aunts
Bring Wife And Children
Bring Cousins
Bring Friends
Bring Girlfriend/boyfriend
We Need You All -
Everyone To Dc
kannan
04-11 08:06 PM
I am in Nebrasca, I am not us educated and I did not file G -28.I did not apply EAD/AP.
more...
kprgroup
02-01 11:33 AM
Update on H1B Extension
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
Administrator2
05-08 04:59 PM
Juliana Barbassa from Associated Press reporter is writing a story about legal immigrants with ITIN holders being denied economic stimulus checks. Please contact Ms. Barbassa to speak-up about this extremely important issue. Here is a message from her requesting members of Immigration Voice to contact her for in interview.
------------------------------------------------------------------------
Hi --
I am an immigration reporter for the Associated Press, and am currently reporting an article about the economic stimulus checks that will be going out soon. I'm writing about how a lot of people won't get them because their spouse doesn't have a social security number _ chief among them green card holders with spouses who are stuck in the backlog, and haven't been able to get a social security number.
I'd love to talk to people in this situation all over the country -- and at least one person, ideally, in the San Francisco Bay Area/Silicon Valley, so we can also have a picture taken. I hope to reach folks today, Thursday, because the article has to be done by Friday.
I can be reached at this email address: immigrationreporter@hotmail.com
Thanks much for your help,
Juliana Barbassa
------------------------------------------------------------------------
------------------------------------------------------------------------
Hi --
I am an immigration reporter for the Associated Press, and am currently reporting an article about the economic stimulus checks that will be going out soon. I'm writing about how a lot of people won't get them because their spouse doesn't have a social security number _ chief among them green card holders with spouses who are stuck in the backlog, and haven't been able to get a social security number.
I'd love to talk to people in this situation all over the country -- and at least one person, ideally, in the San Francisco Bay Area/Silicon Valley, so we can also have a picture taken. I hope to reach folks today, Thursday, because the article has to be done by Friday.
I can be reached at this email address: immigrationreporter@hotmail.com
Thanks much for your help,
Juliana Barbassa
------------------------------------------------------------------------
more...
H1bslave
10-23 01:36 PM
Please check you PM.
theconfused
04-02 10:21 PM
Hey Dontcareanymore,
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
more...
rally
07-19 10:23 AM
Could you please comment on the above?
Thanks
Thanks
Michael chertoff
08-04 03:09 PM
Someone gave me red for this post...i dont understant why???
perm2gc
10-20 12:11 PM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
ThackeG67
08-08 07:56 PM
Definitely illegal..that must be taken into legal action.
msp1976
05-19 10:09 PM
I doubt we can threaten to get sanctions passed on Exceed .. i dont think we have the political clout for that. All we can do for now is plead, reason and educate senators of the unfair treatment we get from the broken immigration system. If our membership keeps growing to a point where we represent most of the affected legal immigrants at the mercy of USCIS (close to half a million), then its a different story, not to mention if we had the numbers and political clout of the illegals. Just my opinion.
You see to carry out negative publicity of Exceed corporation we donot need to represent the whole immigrant group...We are publicizing well known facts and create headache for Exceed...so that they speed the work up...The only incentive they can have at this point is possibility of more work...And that is where our points would really get across..We donot even have to go talk to any senators...The implicit danger of negative publicity for Exceed is our weapon..!!!!
More commects please...!!
You see to carry out negative publicity of Exceed corporation we donot need to represent the whole immigrant group...We are publicizing well known facts and create headache for Exceed...so that they speed the work up...The only incentive they can have at this point is possibility of more work...And that is where our points would really get across..We donot even have to go talk to any senators...The implicit danger of negative publicity for Exceed is our weapon..!!!!
More commects please...!!
