rsayed
02-21 03:38 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
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lonedesi
06-02 04:02 PM
Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
sk.aggarwal
10-26 10:41 AM
How long does it takes to get any thing back on FOIA request. I send over the documents a month back, havent heard anything back. Not even my position in the queue. How long does it takes?
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uma001
11-16 04:48 PM
I'm on my OPT, basically student F1 visa.
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
kerz,
Which specialization did you do in masters (assuming you have done masters on F1)
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
kerz,
Which specialization did you do in masters (assuming you have done masters on F1)
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rovingeye
07-26 02:28 PM
Hello Friends
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
Student with no hopes
11-01 11:45 AM
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
Applicants who are not current - which statistical group do they belong to?
more...
gc_on_demand
12-30 10:06 AM
I would be going for my H1B renewal stamping, would appreciate if someone responds to this question.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
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Project_A
11-15 04:36 PM
Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
more...
waiting_4_gc
07-17 09:39 PM
Hi All,
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
Here is the update from USCIS:
http://www.aila.org/content/default.aspx?docid=22912
As per the memo, they accept I-485, EAD and AP applications with old fee till 08/17
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
Here is the update from USCIS:
http://www.aila.org/content/default.aspx?docid=22912
As per the memo, they accept I-485, EAD and AP applications with old fee till 08/17
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martinvisalaw
06-16 11:09 AM
Not all non-profits are cap-exempt.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
more...
casinoroyale
07-01 11:39 AM
Is PD porting allowed without ever working for the future employer who got I-140 approved? Is this still possible if the future employer revokes the I-140 because employee does not intend to join them?
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reddy_h
08-18 10:08 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
more...
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icleric
08-07 07:32 AM
nice :) keep it up
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draino
04-15 11:57 AM
My actual bike.
Wayno
Wayno
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return_to_india
12-22 08:09 PM
They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?
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pinganand
07-04 10:35 PM
Hi,
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
more...
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kumaabh
03-08 07:57 PM
I am sorry to hear about your mother's situation but there is no dependent visa for parents. You can probably extend her stay for another 6 months, but eventually there will be a time when by law she would have to leave. I also never recommend that one extends their visitor visa, unless ofcourse there is really an emergency situation. I say this because there is likely more chances for your mother to get a denial, and then she would end up loosing her existing multiple entry visa as well. So, dont take that chance.
Also, in her current situation, how are you ever going to manage medical bills? There is no insurance in this planet that will cover any pre-existing conditions. So, my friend believe me when i tell you this that it is better for your mother to live in india than in this country. I can understand that you are a dedicated son, everyone should be. Your $$$ go a long way in india and you can get the best care for her for the money.
Also, in her current situation, how are you ever going to manage medical bills? There is no insurance in this planet that will cover any pre-existing conditions. So, my friend believe me when i tell you this that it is better for your mother to live in india than in this country. I can understand that you are a dedicated son, everyone should be. Your $$$ go a long way in india and you can get the best care for her for the money.
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ohguy
02-12 11:44 PM
Thanks GC check!
Yes I am using EAD and AC21 for joining new employer and job title and responsibilities are very similar.
Can I hire a new attorney who can access that information? Or the new company attorney? I think it's going to be impossible to make my present company attorney reveal that detail to me. Since this information is public I think there should be some way to get those details. Please help.
Yes I am using EAD and AC21 for joining new employer and job title and responsibilities are very similar.
Can I hire a new attorney who can access that information? Or the new company attorney? I think it's going to be impossible to make my present company attorney reveal that detail to me. Since this information is public I think there should be some way to get those details. Please help.
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maddipati1
10-11 07:36 PM
filed on Aug08th, even EAD cards ordered :D
its kinda not a FIFO so take it easy
especially those who filed between Jul2-Jul17 its delayed.
its kinda not a FIFO so take it easy
especially those who filed between Jul2-Jul17 its delayed.
a_yaja
03-02 09:09 AM
Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
gc_lover
06-22 12:30 PM
should this be in color or B/W ?
B/W would do it.
B/W would do it.
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