sbeyyala
06-23 06:11 PM
Hi,
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
xyzqwer
01-22 11:05 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
pooja_34
10-17 09:33 PM
We never had to tell the IO to do anything. They knew what to do.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
more...
TelanganaINDIA
10-04 10:55 PM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
girishvar
08-15 12:11 PM
There is a USCIS memo on Merger and Acquisition released some time in 2003/2004. I am not able to locate that. I have used that memo to continue my H1b.
more...
gcdreamer05
11-19 10:51 AM
I think USPS does not forward mails when the mail says "return service requested" .
Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.
Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.
arc
10-26 07:08 PM
tried my luck but they had a lot of people...will try again later...:(
more...
bowbow
10-29 12:01 PM
My FP was done on 10/17 but no LUD.how often they update status online?
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
Macaca
02-23 01:21 PM
Some core members are already in DC since yesterday and working on it.
Pappu, please post such tit bits (of your choice) at regular intervals. Thanks.
As you must have learnt by now, we have 97% babies who need a feeding bottle at regular intervals.
Pappu, please post such tit bits (of your choice) at regular intervals. Thanks.
As you must have learnt by now, we have 97% babies who need a feeding bottle at regular intervals.
more...
kosars
10-02 05:39 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
jinger
04-02 08:44 PM
I am not surprised at logiclife's or the poll's reply. IV is an ultra-narrow organization that seeks to satisfy the founders' self-interest only. Don't be surprised if they drop you all like a hot potato once their interests are satisfied.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
more...
priderock
05-15 02:40 PM
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don't think it will be valid for 3 months (say until September) even though your visa was only valid until June30.
Since your visa stamp is expired you MUST get new stamping before re-entering the US.
If you go to stamping with new extension , you will get the stamping until that date (2010).
PS: I am not an attorney , get help from an attorney when in doubt.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don't think it will be valid for 3 months (say until September) even though your visa was only valid until June30.
Since your visa stamp is expired you MUST get new stamping before re-entering the US.
If you go to stamping with new extension , you will get the stamping until that date (2010).
PS: I am not an attorney , get help from an attorney when in doubt.
mirage
04-20 01:37 PM
I have met the congressmen of my area, in person, have called senators of my state. I think singing and ringing can go hand in hand :) don't you sometime listen to music at work ?
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
...
Please Stop singing the blues and START Ringing(calling) the congress reps.
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
...
Please Stop singing the blues and START Ringing(calling) the congress reps.
more...
sunny1000
10-10 01:35 AM
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
l8A
10-05 10:27 AM
I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
more...
rkumar18
10-26 02:39 PM
I had my FP done at San Jose ASC and It took us around 15 min for the entire process of filling the forms,waiting to be called for FP and doing the actual FP.
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
tictac
09-09 05:22 PM
absolutely!! im just waiting, as soon as AC21 kicks in, i have a plan ready for these suckers
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
Dhundhun
04-05 02:44 AM
How 120 days calculated inclusive or exclusive?
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
archpai
12-16 09:16 PM
There is on Ajay chaudhury in houstan.
scubadude
May 27th, 2005, 03:05 PM
Armed with that information you can make the following decisions:
a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.
Roger
b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)
All I have so far is the mounted flash that came with the camera (Canon Digital Rebel)
c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.
Actually, at the time, it wasn't in her face. I was down on the field and used a zoom lens at about a 250-ish focal length
d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.
I've found that the Canon Digital Rebel tends to go dark, so I'm already shooting at about a +1, but then again, I've only had it for about two weeks now.
e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.
I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin
Thanks a lot for your post! Lots of good info!
John
a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.
Roger
b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)
All I have so far is the mounted flash that came with the camera (Canon Digital Rebel)
c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.
Actually, at the time, it wasn't in her face. I was down on the field and used a zoom lens at about a 250-ish focal length
d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.
I've found that the Canon Digital Rebel tends to go dark, so I'm already shooting at about a +1, but then again, I've only had it for about two weeks now.
e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.
I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin
Thanks a lot for your post! Lots of good info!
John