raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
Yeldarb
05-29 08:55 PM
www.barbdwyer.com/profiles/DHSMaroon13 - a simple PHP based AOL Instant Messenger subProfile that I threw together :)
You can view it in its original state by looking at my profile (SN: DHSMaroon13)
You can view it in its original state by looking at my profile (SN: DHSMaroon13)
cagedcactus
10-25 08:55 AM
I have received the EAD, but no AP.... same case with my wife...
We havent received our FP yet...
does online status change to show FP update? Maybe folks with FP done can confirm this...
thanks..
We havent received our FP yet...
does online status change to show FP update? Maybe folks with FP done can confirm this...
thanks..
aruny5
10-26 02:25 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
more...
sledge_hammer
06-29 10:24 AM
^^^^
Lisap
08-03 12:07 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
more...
jayleno
08-31 09:40 AM
GCFISH,
whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.
whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.
whitecollarslave
01-28 04:32 PM
The misconception that immigrants are displacing American workers is gaining popularity. If we are to make a case for immigration reform that helps EB community, we ought to show that EB immigrants are not displacing American workers, but helping the overall economy. In the midst of current economic situation and growing public sentiment against immigrants, paying taxes, obeying laws and assimilating with American society and culture is not enough. It is important to stress the obvious - how individuals from EB community are contributing towards the economy, innovation and competitiveness. In order to illustrate this, I would like to get examples of people from EB community.
The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.
Thanks again.
The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.
Thanks again.
more...
amdn123
02-04 08:22 PM
I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?
chapper
07-19 10:56 AM
Good Question - I'm also looking for an answer along these lines. We should work to find a solution
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
more...
LostInGCProcess
09-02 10:40 AM
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
knowDOL
08-15 11:34 AM
Any PERM case filed before July 25th 2005 was taking long time because of system problems. But this long is a news to me. I wish you good luck and hope that it will get cleared soon.
more...
ras
06-06 02:29 PM
Are there any specific links for complaining to these agencies?
WeShallOvercome
08-27 06:12 PM
Should I call CIS to see what they say??? Anyone??
It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.
Calling USCIS doesn't hurt, it hardly is fruitful though.
It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.
Calling USCIS doesn't hurt, it hardly is fruitful though.
more...
gc28262
03-25 03:52 PM
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
buddyinsd
01-04 12:46 PM
LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL
more...
arc
08-14 01:56 PM
Hi All
Did anyone got Receipt # from this Pile?
Application Reached NSC on July 2 @ 7.55 AM and was received by R Williams?
DID OUR PILE GOT LOOKED AT?
Did anyone got Receipt # from this Pile?
Application Reached NSC on July 2 @ 7.55 AM and was received by R Williams?
DID OUR PILE GOT LOOKED AT?
patriot01
09-27 10:39 AM
I am kind of in the same situation...But, I don't know if the status means what it says.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Ordered or Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document Ordered or Oath ceremony' seriously.
I haven't added my wife as a dependent applicant too when I filed my I-485.
Thanks in advance.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Ordered or Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document Ordered or Oath ceremony' seriously.
I haven't added my wife as a dependent applicant too when I filed my I-485.
Thanks in advance.
VMH_GC
03-17 03:47 PM
If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.
Maverick_2008
I have the bill from the Doc's office but the bill is in the prescription form and it says the following
uscis work - $$$
blood work - $$$
mantoux test - $$$
Is that enough? do you have a sample cover letter?
Maverick_2008
I have the bill from the Doc's office but the bill is in the prescription form and it says the following
uscis work - $$$
blood work - $$$
mantoux test - $$$
Is that enough? do you have a sample cover letter?
lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
prdgl
02-18 09:45 PM
I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's
Which one is best to do ? Your suggestions please.
Which one is best to do ? Your suggestions please.
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