sw33t
08-01 06:14 PM
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Join now. We have students, professionals, doctors, lawyers, friends and family in this group.
We have some exciting events including meeting with Senators and businesses to spread the message. If you can talk about your problem, we want you. If you can't, we still want you because all it takes is a flip of a switch to make you talk about your problems.
Join now and don't be left behind.
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jnraajan
04-11 01:13 PM
Guys
I have a question. Why is it that no one, including AILA, considered filing a lawsuit asking USCIS to do their jobs.
In this world of retrogression and uncertainity, USCIS is processing very slowly. If they can use all 140,000 visa numbers and the recaputre numbers from 1999-2000 (I think it is around 220,000), we might not have this problem here today.
We are not asking them to make any changes to law or administrative fixes. All we are asking is that they do their jobs efficiently. So, why is it no organization has tried this? or has this been tried before and failed..
I have a question. Why is it that no one, including AILA, considered filing a lawsuit asking USCIS to do their jobs.
In this world of retrogression and uncertainity, USCIS is processing very slowly. If they can use all 140,000 visa numbers and the recaputre numbers from 1999-2000 (I think it is around 220,000), we might not have this problem here today.
We are not asking them to make any changes to law or administrative fixes. All we are asking is that they do their jobs efficiently. So, why is it no organization has tried this? or has this been tried before and failed..
GCHope2011
11-04 11:16 PM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
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cableman
11-20 01:46 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
more...
roseball
03-12 06:33 PM
Her employer is filing her H1 COS petition in premium processing, so I am hopeful it will be adjudicated within 15 days.
One more thing you can do is that file your wife's H4 to H1 in regular processing and any subsequent H1/H4 transfer you would do can be filed in premium and get them approved. I am sure if H4 to H1 COS is filed in regular processing, it will surely take a minimum of 4 to 5 months to be processed.
One more thing you can do is that file your wife's H4 to H1 in regular processing and any subsequent H1/H4 transfer you would do can be filed in premium and get them approved. I am sure if H4 to H1 COS is filed in regular processing, it will surely take a minimum of 4 to 5 months to be processed.
wandmaker
07-01 07:41 AM
We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
I-824 processing is heavily backlogged both in VSC and CSC - I guess, there is no PP or expedite option available for duplicate notices. Did you have valid and unexpired H1B stamp on your passport when you left US?
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
I-824 processing is heavily backlogged both in VSC and CSC - I guess, there is no PP or expedite option available for duplicate notices. Did you have valid and unexpired H1B stamp on your passport when you left US?
more...
rabbitboy33
03-07 08:27 AM
My employer received my labor certification packet last week. However, other than a letter which states that my case has been certified, there was no other certificate/form.
The letter states that "Form 9089 ETA has been certified and is enclosed." However, there are NO other enclosures. Is this how it is usually? OR have they just forgotten to include the certificate/form.
Please help.
The letter states that "Form 9089 ETA has been certified and is enclosed." However, there are NO other enclosures. Is this how it is usually? OR have they just forgotten to include the certificate/form.
Please help.
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kirupa
04-08 02:19 AM
it's ok - I already changed the stamp template for all of the entries that have been submitted: http://www.kirupa.com/lab/kirupaStamps.htm It wouldn't be fair for me to give you guys more work because of a slight oversight on my part ;)
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rbalaji5
01-11 01:35 PM
Thanks Gc2 for useful information. I will the family class.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
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sabithanair84
04-23 03:05 PM
Thank you, I looked through the blog but it didnt have any posts that could answer my queries. I am just trying to find out if it is ok to travel if I have a pending case with USCIS? Also, if my H4 goes out of status on 09/23/2010, then does that mean I have immediately leave the country? Any answers would help, thanks.
more...
vullankib
06-29 04:09 PM
It will be renewal
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gcsucks
05-02 08:18 AM
nozerd, Thanks for your reply.
Regarding this point
>> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !
So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?
Do you know of someone who has done something like this ?
Regarding this point
>> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !
So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?
Do you know of someone who has done something like this ?
more...
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Blog Feeds
06-22 05:50 PM
USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
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jonty_11
07-27 10:47 AM
bobzibub...is ready tomove to canada!!
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sundarpn
10-25 09:15 AM
I think it can be. When starting the employment based GC process, one of the question asked was ... has any family member ever applied for your immigration petition in the past. Just an educated guess... check with an attorney
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Blog Feeds
12-20 08:00 AM
On Saturday morning, the Senate failed to advance the DREAM Act (H.R. 5281) on a vote of 55-41. Sixty votes were needed to move the bill forward procedurally and stop any filibuster. With that loss, the fight for the DREAM Act is over, at least for this Congress. Below is a summary of Greg Chen's report of this vote.
The vote tally in support of DREAM included three Republicans who crossed the aisle to join 50 Democrats and 2 Independents. Those three Rs were: Richard Lugar (IN) and Robert Bennett (UT) who had come out in support long ago and Lisa Murkowski (AK) who started signaling this week that she would vote �yes�. With their yes votes, DREAM maintained its status as a bi-partisan bill back nine years to when it was first introduced with seven Republican co-sponsors. Today, long-time DREAM champion Orrin Hatch (R-UT) failed even to show for the bill he originally sponsored in August 2001.
Unfortunately the gain of three Republicans today was not enough to make up the difference. Combined there are 58 Democrats and Independents in the Senate, and there are 42 Republicans. If all the Ds and Is voted in favor, only two Rs would have been needed to reach 60. But today 5 Democrats voted against DREAM: Baucus (MT); Hagan (NC); Nelson (NE); Pryor (AR); and Tester (MT). And one Democrat, newly elected Joe Manchin (WV) failed to show. To win on �cloture� 60 votes were needed no matter how many actually voted. Thus, a no-show counted as a �no� vote.
As the 111th Congress comes to its sputtering halt, at least on immigration, the question many are asking is whether there will be a real opportunity to bring up DREAM in the 112th. Looking forward, we face at least two enormous legislative challenges: First, the House will shift to Republican control with 242 Rs and 193 Ds. Last week the House passed DREAM on a 218-198 vote�you can bet your house we won�t muster a strong showing like that, let alone a majority, when the new session starts. Second, in the Senate, the Democrats will still have the majority but their margin of control will be 53-47 so getting the �yes� votes will also be harder in that chamber.
For many of us the source of continued inspiration has been to see all the DREAM activists walking the halls of the capitol and showing tremendous courage when they are the ones who have everything at risk. Let's keep a positive spirit for the future as the fight is not over yet.
More... (http://www.visalawyerblog.com/2010/12/senate_fails_to_pass_dream_act.html)
The vote tally in support of DREAM included three Republicans who crossed the aisle to join 50 Democrats and 2 Independents. Those three Rs were: Richard Lugar (IN) and Robert Bennett (UT) who had come out in support long ago and Lisa Murkowski (AK) who started signaling this week that she would vote �yes�. With their yes votes, DREAM maintained its status as a bi-partisan bill back nine years to when it was first introduced with seven Republican co-sponsors. Today, long-time DREAM champion Orrin Hatch (R-UT) failed even to show for the bill he originally sponsored in August 2001.
Unfortunately the gain of three Republicans today was not enough to make up the difference. Combined there are 58 Democrats and Independents in the Senate, and there are 42 Republicans. If all the Ds and Is voted in favor, only two Rs would have been needed to reach 60. But today 5 Democrats voted against DREAM: Baucus (MT); Hagan (NC); Nelson (NE); Pryor (AR); and Tester (MT). And one Democrat, newly elected Joe Manchin (WV) failed to show. To win on �cloture� 60 votes were needed no matter how many actually voted. Thus, a no-show counted as a �no� vote.
As the 111th Congress comes to its sputtering halt, at least on immigration, the question many are asking is whether there will be a real opportunity to bring up DREAM in the 112th. Looking forward, we face at least two enormous legislative challenges: First, the House will shift to Republican control with 242 Rs and 193 Ds. Last week the House passed DREAM on a 218-198 vote�you can bet your house we won�t muster a strong showing like that, let alone a majority, when the new session starts. Second, in the Senate, the Democrats will still have the majority but their margin of control will be 53-47 so getting the �yes� votes will also be harder in that chamber.
For many of us the source of continued inspiration has been to see all the DREAM activists walking the halls of the capitol and showing tremendous courage when they are the ones who have everything at risk. Let's keep a positive spirit for the future as the fight is not over yet.
More... (http://www.visalawyerblog.com/2010/12/senate_fails_to_pass_dream_act.html)
more...
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ilikekilo
04-09 03:50 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
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cooldude
07-02 08:56 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
What's your source??
What's your source??
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sunny1000
11-10 11:37 PM
to be frank with you guys my friend have a good bank statment and business in his own country he wanna apply for a tourist visa and i recomended for him to have a hotels .... flight reservation but i am still confused about the purpose of the visit actually its not about the purpose its about his chance to get a visa he never been in the US never apply for a visa , dont have any relatives in the US he wanna try his chances to get a visa only ?????
thats all , any insight :confused:
All depends on convincing the consular officer that he will come back to India at end of the trip...
thats all , any insight :confused:
All depends on convincing the consular officer that he will come back to India at end of the trip...
pady
01-08 02:56 PM
No, It is now ROW, I am from India EB2. But as I said, they didn't make any decision. They still want to review the file and will get back to me in 120 days.
485_spouse
07-09 01:08 PM
Hello everyone, i have a good news to share that i just checked my case and it shows "Card production ordered". I guess it means my 485 has been approved.
Thanks a lot for everyone here and you guys are very helpful and ofcourse this web site as well. Great and good luck to everyone!
Well, i do have a question regarding my wife 485 case which i just filed this month (July 1st) as my case is current from July 1st. I filed my 485 before i got married, and now it is time and i filed on July 1st, and not received any receipt number from USCIS for my 485 case.
As per my lawyer, there is no worries as we filed on time, and your case is approved just today, means, they should process your wife case when time comes. May be another 4 or 6 months. As long as her case is processed without any issue, then it is fine.
I would like to hear from you guys that if anyone has got this kind of case and any inputs from you guys would be really appreciated.
Thanks once again for all you guys help, and inputs. Great!
Your lawyer is right. I was in the same situation. For employement based GCs you can file dependents case upto 180 days from approval. Check law 245(K)
Thanks a lot for everyone here and you guys are very helpful and ofcourse this web site as well. Great and good luck to everyone!
Well, i do have a question regarding my wife 485 case which i just filed this month (July 1st) as my case is current from July 1st. I filed my 485 before i got married, and now it is time and i filed on July 1st, and not received any receipt number from USCIS for my 485 case.
As per my lawyer, there is no worries as we filed on time, and your case is approved just today, means, they should process your wife case when time comes. May be another 4 or 6 months. As long as her case is processed without any issue, then it is fine.
I would like to hear from you guys that if anyone has got this kind of case and any inputs from you guys would be really appreciated.
Thanks once again for all you guys help, and inputs. Great!
Your lawyer is right. I was in the same situation. For employement based GCs you can file dependents case upto 180 days from approval. Check law 245(K)
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