Thursday, June 9, 2011

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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!





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  • keiryu
    09-25 05:14 PM
    What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.





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  • gc_chahiye
    08-15 05:32 AM
    Hi,

    I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:

    1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?



    yes. Remember again: GC is for future job.


    2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?


    yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.




    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?



    you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.





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  • extofu
    03-07 09:02 AM
    Here is my situation

    Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
    Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions

    1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped

    2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?

    Your help will be deeply appreciated

    Thanks



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  • gc28262
    02-10 11:06 AM
    When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?

    Or is the receipt number enough ?





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  • paskal
    06-13 02:49 PM
    Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.



    we simply lack the power to fight that battle....
    as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
    in a ballott here, you would not find too mnay here that supports an amnesty i suspect.



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  • dan19
    11-07 02:13 PM
    Thanks Chandu...
    Never knew somebody had compiled such a large list!!!


    look at www.h1bmates.com





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  • kpchal2
    07-11 04:36 PM
    can you please tell me when you applied for the cards and when they approved the cards.



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  • wandmaker
    02-04 05:04 PM
    Given your immigration status - You can work part time or volunteer as long as it does not conflict with your current employers business interest and terms & conditions of employment.





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  • crazyghoda
    07-10 10:25 AM
    The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.



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  • meridiani.planum
    10-01 11:58 PM
    Folks
    this is a Q for my Friend
    He was working at Lehman before the company filed for chapter 11

    ... He has been told that salary will be paid for 3 months

    Right now he is at home and looking for other offers and no H1b transfer has been started


    Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

    thanks

    Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.





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  • ita
    11-13 10:26 AM
    I spoke with A CSR at NSC and she said she could n't confirm if the address has been updated or not since it is private information and she doesn't have access to it.

    I asked her about my EAD card.
    She took my reciept# ,checked the status and asked me to give the new address and said she sent request for the card to be resent.
    Is this how they do it ?

    So do I need to talk to IIO to see of my address is updated or not?

    Thank you.



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  • ItIsNotFunny
    04-04 09:29 AM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.


    Ha ha ha.





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  • up_guy
    08-27 12:26 PM
    I am using AC21 and moving on
    My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.

    Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option

    As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B

    If I follow my lawyer, will I lose something ?
    Had anyone had experience like this before..
    I need second opinion from guru who have actual experince..

    thanks for your inputs



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  • ram_nara303
    05-12 03:09 PM
    I travelled through FRA last year to be precise. Never had a H1-B1 stamping on my passport. Used my AP. Sent email to german consulate prior to travel to check for transit visa. They responded that there is no need to have transit visa unless you are going out of the airport to visit(Schengen visa). So you should be good to go on AP.





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  • eastindia
    05-10 01:18 PM
    The delay in the bulletin is definitely a mystery. Some people I know have started thinking about July 2010 fiasco.



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  • wanna_immigrate
    04-22 09:23 AM
    Democrats Revive Immigration Push - WSJ.com (http://online.wsj.com/article/SB10001424052748703404004575198601410995496.html?m od=WSJ_hps_sections_news)





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  • dtekkedil
    07-02 05:14 PM
    Hello Folks,

    We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!

    I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!

    This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

    So, if people are interested... let us start a send a flower a day campaign!

    Dilip





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  • gjoe
    03-29 06:23 PM
    I would suggest having a potluck in front of capitol and also see the cherry blossom in the evening. If possible a boating ride can be squeezed in.

    This would make a statement that we are well off and out only problem is the delay in GC





    JA1HIND
    03-20 04:09 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.

    I will certainly support if I know the cause for this fasting & if I know more details on this rally?

    btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..

    when you get a chance give more details on the cause for this rally, date etc., and see how I can support.





    go_guy123
    12-09 09:31 AM
    Dream passed the house.
    Upto the Senate now........

    Its needs 60 votes to stop filibuster in Senate.



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