meridiani.planum
12-19 12:45 AM
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
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bbct
02-01 03:13 PM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
sri_chicago
05-14 06:36 PM
Hi sts_seeker,
Could you please provide me USCIS customer service phone number options to discuss about RFE.
Could you please provide me USCIS customer service phone number options to discuss about RFE.
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mrajatish
03-24 04:31 PM
I like the idea - any takers, I am ready to work with that person.
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loveiv
05-25 10:23 PM
Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
Three years clock ticks from the day filed, one year is down, two to go.
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
Three years clock ticks from the day filed, one year is down, two to go.
alisa
08-03 12:10 PM
I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:
Received by USCIS on June 4th 2007. Have been waiting since.
So 400+ days for me too...
Received by USCIS on June 4th 2007. Have been waiting since.
So 400+ days for me too...
more...
CrazyWorld
08-05 12:30 PM
Why partial, If I were you I would have asked for a full refund !
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.
Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.
Thanks to InTheMoment for bringing it up..... that's what I had in mind too.
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.
Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.
Thanks to InTheMoment for bringing it up..... that's what I had in mind too.
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cgs
04-03 09:34 AM
Renewal of passport doesn't invalidate the visas in old passport. You have to carry both the passports while traveling foreign country.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
more...
burnt
04-07 03:44 PM
Does it in any way affect my Naturalization Application?
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GCVictim
07-24 01:20 PM
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
more...
indygc
12-22 12:24 AM
Thanks guys for all your inputs.
God bless redcard & IVG*..give them some peace.
God bless redcard & IVG*..give them some peace.
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sac-r-ten
01-30 10:30 AM
Sorry to hear about your cases. I can understand how the feeling would be right now. I had applied for my 1st H1B renewal and was just crossing my fingers and praying since i have a denied I-140 (Education issue, MTR opened for last 3 months).
Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.
BTW, TwinkleM, gr8 job in helping the fellow IVian.
Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.
BTW, TwinkleM, gr8 job in helping the fellow IVian.
more...
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ivgclive
12-14 01:30 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
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abhijitp
11-14 09:19 PM
Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
more...
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work4pd
07-20 01:38 PM
Decoupling H1B and H-4 Time ?
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
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vicsthedude
04-28 09:15 AM
I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
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VA2008
09-25 11:56 AM
Great find! I printed and posted it my office.
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kate123
04-07 07:31 AM
I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
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krishna.ahd
02-05 01:34 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
Usually there is shortage of medical professional in PA especially OBG, Ortho etc, due to high mal practice insurance, so they all looking for interns and willing to do H1b and GC
Usually there is shortage of medical professional in PA especially OBG, Ortho etc, due to high mal practice insurance, so they all looking for interns and willing to do H1b and GC
Alabaman
11-09 02:00 PM
Like my name suggests this is Alabama. I am in Birmingham... lets gather round yall.
for_gc
05-01 10:25 AM
I very much like this idea. I can help you on this if you want. I may not be able to spend much time on it during the work hours but may try to squeeze out something in the evenings, weekends.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
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