satishku_2000
08-01 01:53 PM
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
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ragz4u
01-30 09:55 AM
Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245
I do not believe there would be any confusion regarding that given that our agendas are very clearly defined and articulated.
At the same time, your suggestions are appreciated and please feel free to let us know about anything else that catches your eye
I do not believe there would be any confusion regarding that given that our agendas are very clearly defined and articulated.
At the same time, your suggestions are appreciated and please feel free to let us know about anything else that catches your eye
prinive
04-10 05:38 PM
Any one else...:o
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rvr_jcop
02-18 11:15 AM
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
more...
ssingh92
12-10 09:33 AM
I contributed $100 and sent the message to all desi (FENCE SITTERS) who were working with me including who have received their GC. I never convinced by a rally in DC but I am fully convinced by lobbying for GC. This is the way to go and the democracy in US works.
Can you guys accept $50 also for one time contribution. There is no option for $50. I talked to some GC guys some of them willing to donate $50 but not $100.
Thanks,
Can you guys accept $50 also for one time contribution. There is no option for $50. I talked to some GC guys some of them willing to donate $50 but not $100.
Thanks,
jthomas
04-28 02:29 PM
Thanks for the info.
Are you presently working?
J Thomas
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
Are you presently working?
J Thomas
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
more...
Maverick1
08-13 11:25 AM
If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.
Did you mean , "you can't loose the citizenship for ever , and get it back if you want to" ? One can renounce the citizenship (of USA) if they wish to.
Did you mean , "you can't loose the citizenship for ever , and get it back if you want to" ? One can renounce the citizenship (of USA) if they wish to.
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gcdreamer05
01-17 12:27 PM
great glad to know your problem was solved.
Hey man thanks for coming back and positing the solution and that useful info for others.:)
Hey man thanks for coming back and positing the solution and that useful info for others.:)
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thomachan72
08-12 10:56 AM
I dont understand why your lawyer did not notice this and question you before sending everything out. However, there are thousands of applications that they are dealing with and hopefully yours will go through. By the way did you send in all the original documents or notarized photocopies? Those who send in affidavits+non-availability certificates, did you send in originals or notarized copies?
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Suva
03-03 01:53 PM
Thanks...
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micofrost
07-17 10:46 PM
Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
Thats why I degraded my cable service so that CNN will be blocked.
Thats why I degraded my cable service so that CNN will be blocked.
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hsingh82
04-27 05:06 PM
Dear Sabeesh,
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
more...
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Macaca
12-15 01:41 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
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nyte_crawler
05-11 01:47 PM
Some guy took most of the needed time talking about citizenship. Jeez.
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bestofall
07-28 04:27 PM
CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
Is any one would like to join this !
Is any one would like to join this !
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sss2000
08-10 04:54 PM
How could you apply for I-485 with your PD, in June. If I am right, your PD was not current in June. Right????
more...
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keiryu
08-20 04:07 PM
When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.
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aadimanav
10-16 11:15 PM
You are "legally" eligible to take any job or start your own business.
Some good job search websites are:
www.monster.com
www.dice.com
www.hotjobs.com
www.careerbuilder.com
Some good job search websites are:
www.monster.com
www.dice.com
www.hotjobs.com
www.careerbuilder.com
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bhatt
11-21 04:54 PM
http://cli.gs/De4Z4u
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.
map_boiler
08-02 01:41 PM
FedEx is the best, by far. UPS next. DHL is the worst (my personal experience).
Always use FedEx, and if not possible, use UPS. Never DHL.
FedEx is the best shipping company for both domestic and international.
DHL is worse than UPS.
It is in this order
FedEX
UPS
DHL
I have very very bad experiance with DHL.
Always use FedEx, and if not possible, use UPS. Never DHL.
FedEx is the best shipping company for both domestic and international.
DHL is worse than UPS.
It is in this order
FedEX
UPS
DHL
I have very very bad experiance with DHL.
mast_mastmunda
11-10 02:00 AM
Dear Friends/Experts,
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
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