I_need_GC
03-14 09:53 AM
:confused:Dear All,
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS FROM THE EXPERIENCED/SIMILAR SITUATION. Any USCIS link will also help.
Regards
Well my friend people here will tell you that once you use AP your h1B is not valid any more thats not true. I confirmed this with 2 Immigration officers and my attorney. AP and h1b have nothing to do with each other. One is an entry permit the other is to work with a specific company. no link so use you AP at re entry when IO ask why did you go to india don't say vacation. thats all.
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS FROM THE EXPERIENCED/SIMILAR SITUATION. Any USCIS link will also help.
Regards
Well my friend people here will tell you that once you use AP your h1B is not valid any more thats not true. I confirmed this with 2 Immigration officers and my attorney. AP and h1b have nothing to do with each other. One is an entry permit the other is to work with a specific company. no link so use you AP at re entry when IO ask why did you go to india don't say vacation. thats all.
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h1b_forever
09-01 04:31 PM
It would be interesting to know how many have switched from EB3-eb2 who have more than 10 years exp
a1b2c3
08-17 12:34 AM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
I can only hope you are wrong :). I hope they sort first by PD and then by RP.
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
I can only hope you are wrong :). I hope they sort first by PD and then by RP.
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Macaca
09-14 03:13 PM
Employers Oppose Hiring Provisions in Immigration Bill (http://immigrationvoice.org/forum/showpost.php?p=75395&postcount=37) By Krissah Williams (williamsk@washpost.com) | Washington Post Staff Writer, June 3, 2007
Top Talent Could Lose Fast Track to U.S. Under Bill, Foreign Luminaries Would No Longer Skip Immigration Line (http://immigrationvoice.org/forum/showpost.php?p=72488&postcount=1169) By Anthony Faiola (faiolaa@washpost.com) and Robin Shulman (shulmanr@washpost.com) | Washington Post Staff Writers, May 26, 2007
A Self-Inflicted Wound (http://immigrationvoice.org/forum/showpost.php?p=52210&postcount=308) The U.S. is blocking the best and brightest immigrants Editorial (ombudsman@washpost.com, national@washpost.com, marmerg@washpost.com) March 12, 2007
Top Talent Could Lose Fast Track to U.S. Under Bill, Foreign Luminaries Would No Longer Skip Immigration Line (http://immigrationvoice.org/forum/showpost.php?p=72488&postcount=1169) By Anthony Faiola (faiolaa@washpost.com) and Robin Shulman (shulmanr@washpost.com) | Washington Post Staff Writers, May 26, 2007
A Self-Inflicted Wound (http://immigrationvoice.org/forum/showpost.php?p=52210&postcount=308) The U.S. is blocking the best and brightest immigrants Editorial (ombudsman@washpost.com, national@washpost.com, marmerg@washpost.com) March 12, 2007
more...
villamonte6100
04-02 09:46 AM
Why is everyone jumping on Dard-E-Disco?
Come on guys chill.
I have responded on this thread several times yesterday and reading through Dard-E-Disco's and everyone's comments, he's got a very valid point.
We can't just poke around an established government agency because we feel they are not doing their job properly. I am sure they are doing their job based on policies, and their policies may seem not to favor everyone.
They don't just make decisions on their own.
The structure inside USCIS could be very complex. And just like any government agency, you just cannot change things anytime.
Unfortunately, it could be affecting our lives but by voicing our concerns through proper venues like the IV forums is the way to go.
We can shout, we can scream, and join protest and forums, but that's all we can really do.
This is their country and we are guest here, and we have to respect whatever policies or laws they have because they gave us the opportunity to work and live here, and hopefully a chance to become permanent residents of this country, and in the futre become citizens.
For me, I have to thank them for this opportunity, although at times it is very frustrating.
Chill and Cheers
Come on guys chill.
I have responded on this thread several times yesterday and reading through Dard-E-Disco's and everyone's comments, he's got a very valid point.
We can't just poke around an established government agency because we feel they are not doing their job properly. I am sure they are doing their job based on policies, and their policies may seem not to favor everyone.
They don't just make decisions on their own.
The structure inside USCIS could be very complex. And just like any government agency, you just cannot change things anytime.
Unfortunately, it could be affecting our lives but by voicing our concerns through proper venues like the IV forums is the way to go.
We can shout, we can scream, and join protest and forums, but that's all we can really do.
This is their country and we are guest here, and we have to respect whatever policies or laws they have because they gave us the opportunity to work and live here, and hopefully a chance to become permanent residents of this country, and in the futre become citizens.
For me, I have to thank them for this opportunity, although at times it is very frustrating.
Chill and Cheers
greensignal
12-28 02:55 PM
^^
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kdprasad
08-13 04:31 PM
Rcvd Receipt Notice from my Attorney.
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Attorney on Received 8/13 Today)
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Attorney on Received 8/13 Today)
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SDdesi
08-12 01:19 PM
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
LOL...such innovative thinking....
LOL...such innovative thinking....
more...
India_USA
12-16 09:07 AM
Glad to know things are improving on this front :)
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bhatt
05-29 11:58 AM
Does any one face this ?
Bank asking 3yr VISA from the date of closing ?
trying to understand, if this Bank only is insisting for it.
Try FHA loans!. Also need to pay 3% down payment
Bank asking 3yr VISA from the date of closing ?
trying to understand, if this Bank only is insisting for it.
Try FHA loans!. Also need to pay 3% down payment
more...
desi485
11-14 04:01 PM
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
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ItIsNotFunny
03-12 02:30 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
OK. I take the blame for this. Pappu didn't increase the goal, I did.
USCIS asked for $5K for information. As per Pappu's investigation, USCIS is currently resolving FOIA filed a year back. In that case even after paying 5K, we may get information after a year. We needed little more money keep our options open as we are determined to get this information from USCIS. This is why we needed more money and I raised the goal. If it can be done by 5K, rest of the money will go to IV lobbying efforts. There is nothing wrong in that.
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
OK. I take the blame for this. Pappu didn't increase the goal, I did.
USCIS asked for $5K for information. As per Pappu's investigation, USCIS is currently resolving FOIA filed a year back. In that case even after paying 5K, we may get information after a year. We needed little more money keep our options open as we are determined to get this information from USCIS. This is why we needed more money and I raised the goal. If it can be done by 5K, rest of the money will go to IV lobbying efforts. There is nothing wrong in that.
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
more...
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BharatPremi
07-05 05:26 PM
Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)
I already done that yesterday evening: Today I talked to both offices. Yesterday I just sent web form (E-Mail)... I could not speak to senators personally as both were unavailable but I spoke to their office staff and both have listened me and have guranteed to make sure this reaches to senator's eyes and ears.
http://cornyn.senate.gov/
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=TX
I already done that yesterday evening: Today I talked to both offices. Yesterday I just sent web form (E-Mail)... I could not speak to senators personally as both were unavailable but I spoke to their office staff and both have listened me and have guranteed to make sure this reaches to senator's eyes and ears.
http://cornyn.senate.gov/
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=TX
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rainy
09-09 03:44 PM
Contributed USD 200. Google Order #356296463228380.
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ind_game
05-18 04:19 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
waitingmygc,
I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.
1.
I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........
2&3.
This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
waitingmygc,
I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.
1.
I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........
2&3.
This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.
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Libra
07-06 03:43 PM
You might be senior member than me, i may not post my comments more offenly, i just read what others are saying. Even i dont mean to disrespect you, and whatever i said below is not to offend you. I hope you understand
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
more...
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diptam
07-06 12:40 PM
I dont want another flurry of emails by explaining no-nonsense "conspiracy theory" behind all this (Hint - The day CIR failed , AILF came up with this 95%-98% truth in their websites and the day 2nd CIR resurrection attempt was being discussed is June 13th which is the July Bulletin release Date)
Our only option is to expose USCIS wrongdoings ( I mean all Kind of Wrongdoings ) via Media and at the end of the day show your GUTS to support AILA lawsuit by providing our real names etc... ( incase they need)
Nothing else is going to help.
We didn't do anything wrong , so lets fight for Justice.
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS... Its a big scandal....Just to prevent us from filing...
Our only option is to expose USCIS wrongdoings ( I mean all Kind of Wrongdoings ) via Media and at the end of the day show your GUTS to support AILA lawsuit by providing our real names etc... ( incase they need)
Nothing else is going to help.
We didn't do anything wrong , so lets fight for Justice.
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS... Its a big scandal....Just to prevent us from filing...
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JunRN
09-28 07:36 PM
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Then we can see a lot of EB2/EB3 approvals then from ROW and Philippines.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Then we can see a lot of EB2/EB3 approvals then from ROW and Philippines.
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surabhi
07-18 05:45 PM
Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
vjkypally
03-17 07:50 PM
Dont make Statements, ask if you don;t know. There are many gurus here
2008FebEb2
09-15 10:55 AM
If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
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