Wednesday, June 15, 2011

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  • prem_goel
    08-16 07:03 PM
    Don't worry Matt_Peru, if you have a fedex confirmation that USCIS has received it then you are good to go. USCIS these days is pushing the H-1b transfer/extension petitions to its extreme. Be prepared to expect a reply from USCIS only near to the 14th/15th day deadline for your petition. It'll take them approximately 2 weeks just to acknowledge your petition, and then your 15 day premium processing timeline will begin. Further, they might issue you a RFE on the 14th day after that. When you reply to the RFE petition, they'll give you a decision only after 14 days or so, not before that.

    Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.

    I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.





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  • Sakthisagar
    03-12 02:12 PM
    For Your First Question it is a big YES, USCIS/DOS is responsible. as per law, for the wasted visa re-capture, congress approval is not required, that decision is solely on USCIS, and USCIS can definitely make folks who are waiting on I-140 approval to file I-485 and be on EAD, that is solely under the jurdistriction of USCIS.

    Now, Please tell us what is the next step??





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  • shana04
    07-31 03:17 AM
    Dear Friends, Gurus,

    I have applied for EAD for the second time for my self and my wife (received the receipts only - renewal)

    No FP till now. Opened two SR, it is of no use.

    Called twice, first time IO was not that help full. Second time atleast he wanted to do some help.

    No other go, so called my attorney for help. He has put a letter along with all the receipts explaining that no FP for my client. He has also send the same documentation and advised me to take an infopass, which I took. And it is in Dallas TX (early morning 8 AM)

    So, please suggest if you have experience with infopass in Dallas TX

    1. When to be there
    2. What documentation to carry
    3. How about parking
    4. Any questions (so that I can compile and ask)

    Any suggestions, help is highly appreciated.

    Thanking in advance.

    Shana





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  • sweet_jungle
    12-04 02:15 PM
    Interesting, looks like all these cases got approved ??

    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.



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  • jonty_11
    07-05 04:25 PM
    stop jumping the line....





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  • mikemeyers
    05-07 03:22 PM
    Though indian embassy took 12 months to issue duplicate passport

    wow..that bad...i hope for us it won't take that long...coz on website they say it will take 2-3 months...



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  • paskal
    02-21 01:26 AM
    Option 5 is true for J1, since H1 is not a training visa however I do not think you can get an extension. For J1 it is a simple matter of getting a new sponsorship (used to be called IAP 66) from ECFMG.





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  • vmetla
    09-01 02:09 PM
    was it EB2 or EB3

    Mine was under EB3.



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  • amit_sp
    08-27 09:04 AM
    Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.





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  • a_yaja
    09-19 10:51 AM
    I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

    1) Is it necessary to book tickets in India?

    2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

    Please reply with your experiences.

    Thanks in advance!

    I have booked tickets on orbitz.com for my parents and cheaptickets.com for my in-laws. Both were eTickets and there were no problems. I preferred to pay in USD over INR due to the fact that visa/ mastercard charge a 1% transaction fee for international currency and my bank would have screwed me on the exchange rate.



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  • RDB
    09-26 10:56 AM
    I am not sure if every state allows this but I know this is true for California. There are different reasons for taking this leave. If you had a baby - For a mother, it is 12 weeks, partially paid by the state and for a father it is 6 weeks partially paid by the state.

    If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

    http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993





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  • factoryman
    06-19 12:57 PM
    Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?


    Here it is:

    Sample Affidavit of Birth for Parents

    AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

    Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

    We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


    Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

    That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

    We married on [date of marriage] in the city of [name of city], [country].

    We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
    a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

    b. [list all of the other children, if applicable].


    [Child's First Name] [Child's Last Name] was born in [name of city], [country].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

    We declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Father's First Name] [Father's Last Name] and signature

    _________________________
    [Mother's First Name] [Mother's Last Name] and signature

    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.




    Sample Affidavit of Birth for Close Relative



    AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

    Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

    I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


    That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

    My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

    That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

    That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

    That I have known the applicant since [month/year].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
    I declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Close Relative's First Name] [Close Relative's Last Name] and signature



    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.





    Here is another version:
    SAMPLE AFFIDAVIT OF BIRTH

    Preliminary Instructions:

    -Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
    -The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
    -You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
    -The Affidavit ought to be certified or notarized.


    AFFIDAVIT OF __________________ (Affiant's Name)


    I, ____________________, a citizen of _____________ and currently
    residing in __________ do hereby
    State that the following is true and accurate to the best of my knowledge:
    1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
    2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
    3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
    4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
    5. ______________________(Beneficiary) was born to _____________________________(Father's
    name) and _____________________ (Mother's name).
    Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
    6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
    6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.

    Dated: ________________________
    __________________________________
    (Affiant's Name)

    Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)

    ______________________________
    Certifying Official/Notary Public



    NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.


    Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

    Thanks.



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  • amsgc
    04-05 04:07 PM
    Sunil,

    I suggest you use the most recent A# on your I-485, and relax.

    The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.

    Good luck!





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  • sc3
    10-22 04:33 PM
    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?

    I dont think USCIS collects I-9's. Companies just have the have them on record so that they can prove compliance when asked to do so. You should mail your lawyer about the situation and how you can get back on the H1 status (Don't just update the I-9 again without the lawyer advice).



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  • bekugc
    04-19 05:59 PM
    regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.





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  • ronhira
    09-14 08:35 AM
    there is no comparision between backlogs and holocaust....

    a sign of a week mind is that he shall see his own life much difficult, believing that all others had it the easy way....



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  • gauravsh
    05-04 01:23 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    Thank you sir!!





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  • slammer
    10-09 12:49 PM
    Regular processing being what ? AOS ?





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  • gcdreamer05
    01-05 04:27 PM
    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:

    Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.

    Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........

    Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....





    sagar_nyc
    04-02 05:17 PM
    yes , I 140 they will ask details about employer only

    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.

    RK





    dpp
    06-04 02:45 PM
    hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.

    Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.

    For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.



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