Monday, June 13, 2011

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  • walking_dude
    01-18 04:13 PM
    Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.





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  • caond
    05-07 10:32 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    62.42(a)
    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    62.42(b)
    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    62.42(c)
    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.





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  • prom2
    10-22 07:47 PM
    Opening this new thread due admin closed the other one.

    Lets track June 07 filers.

    Good luck !



    TSC Jun 25

    Waiting AP and GC.





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  • dilusa1
    07-18 08:43 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.



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  • mbartosik
    12-13 04:16 PM
    The date in my I94 was entered as being 6 months before the date of entry (he got the year wrong). I being jet lagged didn't spot it until after leaving the immigration hall.

    To cut a long story short, in the end an immigration officer at the same port of entry just hand corrected it and wrote his badge number against the correction (no updates in the computer). I had begged for a new I94, but that wasn't going to happen.

    In the end to avoid risk of any more delays with H1B renewal etc, I just took a trip to an airport in Canada and didn't even leave the airport. That got me a new I94 (for cost of $250 airfair). My bother was that a hand corrected I94 may look suspicious to someone and that slows down a future application, and what is the cost of more delays in applications?

    So my advice is, ask an immigration officer at a convenient place for you to correct it. However, if you are going to use it on an application (like I140 or H1B renewal) then just leave and reenter. It depends on costs, a day off work to go to somewhere where they could issue a new I94 cost more than a cheap airfair to Canada for the day at a weekend. Also compare with the risk of a delay while they check on a hand corrected I94, if they ever bother. My attorny thought that I went over board, but he is not the one waiting and waiting!





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  • needGCcool
    09-04 10:10 AM
    Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.

    I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?



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  • ras
    05-30 01:31 AM
    From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

    Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

    Hope that helps...

    Sure that helps...

    I didn't get what the below means

    "this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."





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  • fromnaija
    07-30 10:08 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?

    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.



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  • learning01
    05-11 01:14 PM
    http://cpr.org/listen/
    and click any link under KCFR. Program going good.





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  • LostInGCProcess
    11-13 03:43 PM
    With his executive power he could expedite the adjudication of I-485. Call President Bush. :D



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  • suman
    12-17 09:45 AM
    Hi
    If i-485 gets denied then what should i be doing?
    Should i call the USCIS to find the reason for denial or Should i visit a lawyer?

    Is their any way that i can get my I-485 reopen?
    In how many days should i get my I-485 reopened?

    Please help i am in need!





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  • jthomas
    06-03 11:13 AM
    Hi Surpreet,

    Did you explore more on ARRA? Is it OK to take that benifit during AOS?

    Thanks

    I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

    I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

    J Thoams



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  • satishku_2000
    06-08 01:01 AM
    well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

    So I say: CIR, RUST in PEACE.

    rimzhim , Totally agree with ya ...





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  • ras
    10-13 09:09 PM
    All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.



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  • forgerator
    10-23 11:11 AM
    Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

    secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?


    thanks n sorry for the multi threads !!!!

    I was given a slip from the officer and told to collect the passport on Friday at the consulate at 2pm. The slip had same information as well.

    Read my full story here :)
    Successful H1B stamping at Vancouver - Pakistani - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3611048902&r=3611048902#3611048902)





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  • manand24
    10-15 02:10 PM
    Hi,

    Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??

    goodluck,
    vaishu

    I do not think so, my PD is 2006, I am not even dreaming about GC.



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  • harsh
    05-31 09:37 AM
    The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.

    Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.

    Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.

    And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.





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  • Ramba
    07-31 05:57 PM
    Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

    (to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)





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  • som_yad
    08-04 12:53 PM
    EB3-India - RD July 16 2007.
    I saw LUD on 07/27/2008 But still no luck.:mad:





    vjkypally
    01-26 05:01 PM
    bump





    InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)



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