nlssubbu
12-06 12:01 PM
I asked my attorney the following question. His reply is in caps:
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.
I also had not faced any issue while going out of US and my return as well.
This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.
Thanks
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.
I also had not faced any issue while going out of US and my return as well.
This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.
Thanks
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vadicherla
05-08 12:15 PM
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In reference to: S-1RN47603HG965415U
Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
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nutakksa
08-20 07:38 PM
Did any body received FP notices from TSC recently. Looks like TSC has become slow for TSC direct fillings.
more...
gjoe
08-22 03:03 PM
Demand application numbers by PD , country and category for every month starting from 1998.
walking_dude
01-28 07:22 PM
Your situation is exactly like mine. Got OCI for first kid and PIO for the second.
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
This question is specific to Indian nationals with children born in US.
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
This question is specific to Indian nationals with children born in US.
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
more...
saketh555
05-04 03:21 PM
I'm moving from MI to TX and need to do something address. Does premium mail forwarding service works for USCIS notices? I know regular mail forwarding doesn't work and they'll be returned to INS. Please let me know if premium service works or not.
Thanks.
Thanks.
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vandanaverdia
09-09 02:09 PM
We have very little time on our hands. This is calling all WASHINGTONIANS. Lets do something & make a difference!
more...
smartboy75
05-25 05:53 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
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
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pappu
06-07 02:11 PM
Transaction ID: 7WK494028G568634H
Thank you
Thank you
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helmet
06-27 08:54 AM
I have I140 approval notice, Where can I see the A#?
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tushbush
05-28 09:14 PM
Sounds true. I got RFE on employment verification last week. I am a July 2007 filer.
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ca_immigrant
03-25 04:39 PM
the one from vamsi has gone up to 116 now...
vote for a question folks....ask your friends also to vote..
does not hurt to try our luck...
vote for a question folks....ask your friends also to vote..
does not hurt to try our luck...
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snelakan
07-04 09:32 PM
My state in four lines
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
more...
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ras
05-24 12:15 PM
My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
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CCC
04-10 01:09 PM
I guess Berkeleybee was talking about me....I posted a few theories in another thread regarding PACE act.
I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.
Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.
Just my 2 cents.
I agree with you atlfp. I have been a member for a few weeks now but i have been reading the threads in IV for a long time. I have contributed 600$ along the way because i believe in what IV is trying to acheive. Not being a member did not stop me from contributing to IV and i signed up because i wanted to read the live updates. I don't think there is anything wrong with doing that either. I think posting suggestions/thoughts/ideas are excellent and atlfp you should not stop doing so.
To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.
Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).
Keep up the good work Core Team.. Adios
I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.
Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.
Just my 2 cents.
I agree with you atlfp. I have been a member for a few weeks now but i have been reading the threads in IV for a long time. I have contributed 600$ along the way because i believe in what IV is trying to acheive. Not being a member did not stop me from contributing to IV and i signed up because i wanted to read the live updates. I don't think there is anything wrong with doing that either. I think posting suggestions/thoughts/ideas are excellent and atlfp you should not stop doing so.
To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.
Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).
Keep up the good work Core Team.. Adios
more...
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WeShallOvercome
07-23 06:29 PM
have you used your checks for filing of application or did your employer paid for it.
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
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Canadian_Dream
03-20 01:31 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
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eilsoe
03-07 12:33 PM
voted for mlk, that is one sick design man... just love it... :thumb:
looks a little like 2A, but may just be the colorscheme :)
looks a little like 2A, but may just be the colorscheme :)
babu123
06-29 10:10 AM
What I heard is, 485 packet need to be send to the office where the I-140 got approved.
edaltsis
04-23 11:55 AM
Oflate there are quite a few incidents that USCIS has issued RFE's for change of address. I read them on IV Forums and my cousin/ few friends whom I know got RFE's for change of address reason. They send an RFE asking if anything has changed in the employment status (if so it means you need to file AC21) or prove your current employment. Some cases I heard got 485 denials without sending a RFE...this will make one to run on their toes for no reason.
It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.
It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.
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