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  • kumar1
    03-20 03:50 PM
    What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend anything on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.





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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!





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  • arnet
    11-16 01:49 PM
    any one had this experience? thanks and sorry to post this again.





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  • abhishek101
    06-02 08:37 AM
    I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.

    Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.



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  • wanaparthy
    03-24 12:21 PM
    -





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  • broadcaster
    11-12 05:09 PM
    I called NSC but I never heard the option that you mentioned (Receipts not received). Could you explain it?
    Thanks!



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  • nightowl76
    03-04 04:19 PM
    narendra_modi = troll alert

    reasons: first post, missing info, irrelevant post





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  • abhaykul
    03-28 10:58 AM
    You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.



    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



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  • haider420
    03-04 01:01 AM
    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris

    i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(





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  • file485
    07-09 08:36 AM
    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice

    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?



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  • malaGCPahije
    08-11 11:05 AM
    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.

    Trueguy's poll ends at "before Jan2004". Your poll starts from Jan 2005. I am Nov 2004 and do not fit in either :-).





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  • ImmiLosers
    12-23 09:11 PM
    I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.

    What does that mean? Have you used AC21 or it is not necessary.
    Secondly, what about the job description match up?



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  • Raj Iyer
    09-22 04:55 PM
    Hi:

    Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.

    Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
    But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.





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  • STAmisha
    11-17 05:47 PM
    Please do post it.
    I will also follow up with my lawyer.

    Thanks



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  • dealsnet
    10-23 10:02 AM
    Can we please close this thread? There are already several going


    No thread for approval cases. Most of the discussion was on receipt thread. So it is better to serve this purpose.





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  • minimalist
    06-10 02:54 PM
    Copy of 485 receipt
    Copy Front and back of current EAD
    Photos with A# and name in the back (With Pencil/Felt Pen)
    Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks



    Thanks for encouragement,
    It's always scary the first time. : )

    Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.

    Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?

    thanks again,
    NS



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  • ImmiLosers
    03-11 07:56 PM
    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.

    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

    ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.





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  • paulkurni
    06-17 05:37 PM
    Dude,

    This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.

    If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.





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  • desi3933
    11-25 02:24 PM
    I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....

    But let me ask you a dumb question, what does AP stand for?

    http://en.wikipedia.org/wiki/Advance_parole



    .





    statuslaw
    01-31 01:28 PM
    This is my first H1-b. My interview was on Jan. 4, 2008 in Toronto and got 221g for administrative review. I faxed my research description the VO requested to US consulate in Toronto on Jan. 7, 2008, got the check finished email today. I keep calling DOS for my status during the waiting time. It may work for my case. It is really a pain time. Good luck to you.



    Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
    Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.

    If you like you can send me a private message. Thank you very much in advance for your feedback.





    corleone
    11-14 11:59 AM
    same here



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