Wednesday, July 20, 2011

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  • HOPE_GC_SOON
    03-28 10:15 AM
    guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

    http://murthy.com/bulletin.html

    hoping big forward move.:D

    Hi Dipika;

    This is good News.. Quite encouraging to spend the weekend off with some motivation/ happiness.

    Do We have any statsitstics, as to how many Visa Nos. could have been Spilled off from unused EB1 and how many India / Chia may share out of it. That would give clear picture to this Speculation.

    Gurus: Any Link/ Previous threads, Explaining No. of EB2 cases.. Interesting stuff to analyze during the weeknd.

    Thanks again for all the team work





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  • satya1234
    03-27 05:35 PM
    Thanks for the reply.
    Looks like i would have mis communicated. I am sorry for that.

    I94 rejected which is applied by my New Employer NOT the one which is applied by current employer (applied for extension) . So whatt i was told is "I can stay and work with my old employer for 240 days " . So currently am working on my current employer extension .

    Still it is not legal to stay here..??





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  • frostrated
    04-09 04:49 PM
    i would say efile. You will get the file number immediately as opposed to the mai taking a couple of days to travel and then getting processed into the system. Ultimately, there might be a difference of upto 7 days between case numbers. The earlier your case number, the more advanageous your position will be.
    Just my 2 cents.





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  • h1bnogc
    08-28 10:03 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

    san3297: Please share your experience, it will be greatly helpful to many.



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  • ds37
    07-16 10:50 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Thanks A lot Dealsnet.


    DS





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  • maine_gc
    04-21 08:51 AM
    I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.

    How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.



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  • GCAmigo
    11-30 02:42 PM
    I would say don't do anything.. if the card comes in mail, enjoy it.. else enjoy the wait!





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  • sanprabhu
    01-30 09:24 AM
    Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.



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  • needhelp!
    03-16 02:50 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
    Thnaks!
    Please fax/email if any of you get the responses.





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  • kondur_007
    07-30 08:31 PM
    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here

    First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.


    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.



    That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
    That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.


    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.


    Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)

    Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.


    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.

    Good Luck.



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  • mariner5555
    05-19 02:22 PM
    Hi,
    Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.

    Following points are mentioned in the e-filing confirmation Receipts:

    1) DO attached one copy of this Confirmation Receipts
    2) DO keep the extra copy of confirmation receipt for your record.
    3) DO NOT send a copy of your e- filing application
    4) DO NOT include any applications or fee
    5) DO NOT mail photos or copies of identification

    I did NOT find any where like we need to send, passport copy, drive license copy, photo.
    yes ..you don't have to send the photographs or DL copy. if you efile, you can send copy of 485 recpt copy but they don't ask that anywhere ..





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  • gcpain
    03-29 08:22 AM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them

    We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.

    DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.



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  • GC_LOOKIN
    05-08 11:27 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random
    we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..





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  • gps001
    12-24 07:26 AM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks



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  • Bezzer
    09-06 10:51 AM
    wow nice spalsh page...:)

    So wot can u do with pixel stretching? stretch pixels?





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  • bkam
    05-18 03:41 PM
    Good job, IV core group. Media attention is usually a sign that things are getting hot and resolution is a must.

    As other people mentioned below - love to be a member of the IV team (3,000+ smart, dedicated people, wow!)



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  • neha_garg123
    01-07 10:09 PM
    I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
    I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
    Now do I make some sense?





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  • tabletpc
    01-11 09:29 AM
    Guys please help me with below questions.

    Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
    Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
    Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
    Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
    [B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.

    B]
    I appreciate your advice

    Have a nice trip..!!!





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  • satyasaich
    07-21 09:14 AM
    When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
    it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
    That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.





    tikka
    05-31 02:32 PM
    Contributed $350 so far. Will contribute another $100 today.

    Awesome!!

    Thank you !





    Bytes4Lunch
    03-11 11:46 AM
    Please go through the following thread. This is recent:
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951

    Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.

    Most attorneys are of the view that one can use the AP to travel back in to the US even though his/her H1B visa stamping is delayed/denied
    Read Attorney Sheela Murthy's take on this at http://murthy.com/Chatdb.asp?Search=advance%20parole&Type=h1b&page=3 (I have pasted it below from the website)

    Question: Hello, Sheelaji. If one had both an H1B and advance parole at the consulate abroad and the H1B visa gets rejected, can one enter the U.S. on advance parole? Thank you.

    Answer: Yes, a person is allowed to enter on the AP unless the H1B denial was based on fraud or a security concern. In most cases, there is no problem, and the consulate returns the PP to the person who can then enter on the AP even if the H1B visa stamp is denied or delayed. Jul-19-2004.



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