VMH_GC
07-17 04:02 PM
Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.
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CatsintheCraddle
05-04 05:47 PM
I have written the ombudsman with an update after their initial inquiry and two of my state senators regarding this. I am confident we sent everything requested in the RFE but it's my word against theirs since we have sent it a total of three times; in the original application, then for two RFE's. Obviously, they are not very competent or they are not telling us what document they really need becuase they keep asking for tax docs.
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
sukhwinderd
08-22 02:41 PM
you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
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gchodhry
02-11 10:24 AM
Hi All,
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
more...
thomachan72
03-04 09:29 AM
Isn't there something called I-9 also that has to be maintained by the local HR?
So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.
So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.
senk1s
05-08 01:40 AM
In our case (also Jul 2007) the Dr gave sealed envelopes ... and we gave it to our attorney.
What did yor attorney say about this RFE?
What did yor attorney say about this RFE?
more...
gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
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ThackeG67
08-08 08:20 PM
Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks
more...
gc_on_demand
04-04 11:29 AM
Can pls add poll to this by month. We atleast know 3 cases..
i voted as sep 2007 from one lawyer posted that news.
i voted as sep 2007 from one lawyer posted that news.
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WeShallOvercome
12-26 12:49 PM
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
more...
optimystic
09-15 01:28 PM
Had they able to think that far, may be many of the issues we face today wouldn't have cropped.
They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:
They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:
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jnraajan
09-23 05:22 PM
I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
more...
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rampaadh@hotmail.com
05-18 08:08 PM
can you please give me the link? I searched Murthy's site, but could not find the link.
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
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deepikak
03-25 04:50 PM
I have voted for all the questions posted on legal immigration which speaks about our issues.
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
more...
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ajju
04-16 03:33 PM
Are you kidding (about the refund)?
true.. uscis never refunds.. except for H1B lottery cases...
I got my GC approved couple of weeks ago.
Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...
Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...
true.. uscis never refunds.. except for H1B lottery cases...
I got my GC approved couple of weeks ago.
Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...
Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...
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bomber
08-16 06:28 PM
Does anyone have any idea what the code stands for.
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
Code 3 means "Fingerprinting, signatures and photos will be taken"
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
Code 3 means "Fingerprinting, signatures and photos will be taken"
more...
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nlssubbu
12-06 12:01 PM
I asked my attorney the following question. His reply is in caps:
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.
I also had not faced any issue while going out of US and my return as well.
This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.
Thanks
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.
I also had not faced any issue while going out of US and my return as well.
This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.
Thanks
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little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
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nhfirefighter13
May 3rd, 2005, 04:55 AM
Nice work Anders. Personally, I pan for the stuff on the ground and leave the in air stuff static.
Project_A
10-27 10:07 AM
Thank you.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
purgan
01-14 04:41 PM
Now, that's a good idea. How about Cutting Permanent Residency Delays.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
�It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
�It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
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