Siboo
06-14 02:35 PM
What happens after the I-485?
I guess I-486:D
I guess I-486:D
wallpaper Hg Wells cartoon 2 - search ID
girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
mikoo
03-26 08:56 PM
so, far only one person has sent a pm to me.
if, there are anymore persons affected by retrogression please do email /pm me asap.
if, there are anymore persons affected by retrogression please do email /pm me asap.
2011 Yes, The Time Machine by H.G.
hkancharla
07-18 03:57 PM
Can any answer this question or put our thoughts on this?
Now all EB categories being current most of us are applying for 485 so how does the Approval process work?
Is it the first come first out or
It depends on the Priority Date?
:confused:
Now all EB categories being current most of us are applying for 485 so how does the Approval process work?
Is it the first come first out or
It depends on the Priority Date?
:confused:
more...
kirupa
02-11 01:37 AM
What does your code currently look like?
kodey7
12-10 02:52 AM
Hi,
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
more...
hyoungill
04-28 09:04 AM
Thank you very much, baba84!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
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kaisersose
07-17 01:28 PM
Not to pressure you or anything, it would be great if you can post what you know....you may not be 100% certain....that is fine.
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kishdam
02-22 10:17 AM
Hi,
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
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GCBy3000
11-14 02:04 PM
Does anyone know when the PD is considered ported?
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shruthii_1210@yahoo.com
10-09 04:42 PM
That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
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krishnam70
05-04 06:39 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
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Hibernate
07-27 08:46 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I am in same boat - do you mean we can do ourselves or lawyer has to do it?
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I am in same boat - do you mean we can do ourselves or lawyer has to do it?
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vikramy
12-22 01:20 PM
I did same 4 years ago. You can travel while your H1B transfer is pending.
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
more...
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reddy2cool
09-12 11:10 AM
Hello everyone,
I have a question regarding filling the emp history on G325, I did part time jobs in my university(in the allowed 20 hours) do i need to mention this as well or its just the professional emp part ? The problem is i used to work on and off in my pt jobs which comes out with a lot of periods with breaks in between.
I have a question regarding filling the emp history on G325, I did part time jobs in my university(in the allowed 20 hours) do i need to mention this as well or its just the professional emp part ? The problem is i used to work on and off in my pt jobs which comes out with a lot of periods with breaks in between.
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jwalareddy
05-18 02:30 PM
Recently i changed my employer using AC 21.I received an RFE we replied for that.While this RFE in progress I changed my wife address to new and I didn't change.My employer attorney won't handle (represent) dependent applications.
Please help me.
Below is the RFE,
1) Submit any secondary evidence in your possession to support the information you have provided about your marriage and claimed relation ship to Jwala Pogula, the principle applicant.
Secondary evidence will be evaluated for authenticity any credibility. Such evidence my take the form of historical evidence and must been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to: medical records, school records and religious documents.Affadivits may also be accepted provided that they are sworn to by persons who born at the time of and who have personal knowledge of to which to which they attest. Any affidavits must contain the affiant�s full name and address, date and place of birth, relation ship to the party on whose behalf they are attesting , If any complete details concerning how the affiant acquire knowledge of the event.
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
3) Please explain why you have requested to represent yourself and your spouse has to retained an attorney to represent himself?
Please help me.
Below is the RFE,
1) Submit any secondary evidence in your possession to support the information you have provided about your marriage and claimed relation ship to Jwala Pogula, the principle applicant.
Secondary evidence will be evaluated for authenticity any credibility. Such evidence my take the form of historical evidence and must been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to: medical records, school records and religious documents.Affadivits may also be accepted provided that they are sworn to by persons who born at the time of and who have personal knowledge of to which to which they attest. Any affidavits must contain the affiant�s full name and address, date and place of birth, relation ship to the party on whose behalf they are attesting , If any complete details concerning how the affiant acquire knowledge of the event.
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
3) Please explain why you have requested to represent yourself and your spouse has to retained an attorney to represent himself?
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afp
02-25 01:50 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
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morchu
04-22 02:02 PM
NO. It is not OK.
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
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like_watching_paint_dry
01-06 07:03 PM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
ca_immigrant
04-29 09:06 AM
I think this office has more folks...
anyways, I do not know for sure.
Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...
yesterday when I created this post I was in q waiting to talk to someone...
waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)
I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act
Travisa is horrible !!
:mad:
anyways, I do not know for sure.
Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...
yesterday when I created this post I was in q waiting to talk to someone...
waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)
I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act
Travisa is horrible !!
:mad:
gc28262
02-28 04:19 PM
Why take risk ? File an LCA.
Anyway LCA is tied to work location, so you probably will have to file an LCA. --My guess
Anyway LCA is tied to work location, so you probably will have to file an LCA. --My guess
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