shahuja
02-06 09:06 PM
hello casinoroyal, singhv, stuckhere, statuslaw, bepositive..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
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gopi246
03-23 06:49 PM
At last I am able to get to the root of the issue. I went to Logan airport and spoke to Immigartion dept people. They have seperate cell called differed inspection for these kind of clarifications.
When I explained the situation they found that the i-94 number in their system is not matching with that of mine. So when SSA is searching the database they were not getting any details. They have issued a new i-94 card to me and asked me to re-submit the request to SSA. Hopefully they will be able to get it this time.
If any one faces similar problems, they may contact immigation dept of Logan at #617-568-1810 option 0 and ask for differed inspections.
Thanks for all your suggestions, have wonderful time:)
When I explained the situation they found that the i-94 number in their system is not matching with that of mine. So when SSA is searching the database they were not getting any details. They have issued a new i-94 card to me and asked me to re-submit the request to SSA. Hopefully they will be able to get it this time.
If any one faces similar problems, they may contact immigation dept of Logan at #617-568-1810 option 0 and ask for differed inspections.
Thanks for all your suggestions, have wonderful time:)
nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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kriskris
08-22 03:12 PM
Let me try this at Dallas DMV. Any Gurus to help me about my other questions?
more...
sac-r-ten
02-26 10:20 AM
Sorry to hear that.
Plan B can be joining school again on F1 to do Masters.
Just my 2 cents.
Plan B can be joining school again on F1 to do Masters.
Just my 2 cents.
jonty_11
07-11 06:21 PM
Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
more...
go_getter007
01-26 10:35 AM
In terms of processing dates, which date is relevant?
USCIS Received Date: E.g., July 25, 2007
OR
USCIS Notice Date: E.g., Sept 12, 2007?
Thanks.
GG_007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Set your Temp. Internet File setting to "automatic" to check for newer version.
USCIS Received Date: E.g., July 25, 2007
OR
USCIS Notice Date: E.g., Sept 12, 2007?
Thanks.
GG_007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Set your Temp. Internet File setting to "automatic" to check for newer version.
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ronhira
10-11 10:55 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
i agree with yabayaba.... there is no use of any campaign..... the only campaign law makers care @ is election campaign...... hold off till the end of elections.....
i agree with yabayaba.... there is no use of any campaign..... the only campaign law makers care @ is election campaign...... hold off till the end of elections.....
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skd
07-19 12:20 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Is Tax Return for last 3 years is required document ?
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gcformeornot
12-31 07:36 PM
for wife and daughter. daughter is just 5 years old. Is it common?
My notices are still missing.......
My notices are still missing.......
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nousername
08-20 09:13 PM
May be this will help you:
1. At POE there is a possibility they might give you the I-94 till December'09 only as that is when your PP expires. If this happens you will have to worry about filling for your H1 extension in November v/s in June, 2010 to get an updated I-94.
2. To best of my knowledge if you have a valid visa stamp on your passport then the Indian PP office needs to return the renewed PP in 24-48 hours.. My dad had something like this a while back, not sure if they changed the rules. Have someone from your family in India inquire about it.
In short get your PP renewed either before you leave or in India, don't wait to come back on an expiring PP.
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
1. At POE there is a possibility they might give you the I-94 till December'09 only as that is when your PP expires. If this happens you will have to worry about filling for your H1 extension in November v/s in June, 2010 to get an updated I-94.
2. To best of my knowledge if you have a valid visa stamp on your passport then the Indian PP office needs to return the renewed PP in 24-48 hours.. My dad had something like this a while back, not sure if they changed the rules. Have someone from your family in India inquire about it.
In short get your PP renewed either before you leave or in India, don't wait to come back on an expiring PP.
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
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onemorecame
10-25 01:19 PM
Hi Gurus,
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
Bump
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
Bump
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jonty_11
07-31 01:54 PM
u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...
Confirm with lawyer...
Confirm with lawyer...
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imh1b
01-13 10:20 AM
I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.
Or, if it has been a long time since it is current try contacting the Ombudsman.
Wow
They can parse emails.
Don't you think it is too hi-tech and a good futuristic idea?
Or, if it has been a long time since it is current try contacting the Ombudsman.
Wow
They can parse emails.
Don't you think it is too hi-tech and a good futuristic idea?
more...
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goodiespan
11-30 01:42 PM
Hi everyone
My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.
Our experience:
Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
Which employer?
How long on H1B?
What do you do?
Has immigration petition been filed? (Yes)
Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
Why stamping in Canada?
Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!
Please feel free to ask any question! Good luck!
My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.
Our experience:
Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
Which employer?
How long on H1B?
What do you do?
Has immigration petition been filed? (Yes)
Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
Why stamping in Canada?
Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!
Please feel free to ask any question! Good luck!
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jonty_11
09-17 07:11 PM
its probably this thread
http://immigrationvoice.org/forum/showthread.php?t=21334
correct..it is teh link..so AP is indeed for Emergent Travel....and there could be possible issues when reentering US if IO is an AHole...
SCARY!!!
http://immigrationvoice.org/forum/showthread.php?t=21334
correct..it is teh link..so AP is indeed for Emergent Travel....and there could be possible issues when reentering US if IO is an AHole...
SCARY!!!
more...
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vinay@ocean
06-08 11:52 PM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
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David C
July 28th, 2005, 04:39 AM
Thanks,
And I agree
(both about the advantages of idea sharing, and that I think I might have darkened it a little too much past the 'ideal' point -
though as you say it is hard to judge such things exactly, when all our monitor calibrations will differ...
In a similar vein, mine looks a touch darker, and the greens a little flatter, viewed here in Explorer than when it was in Photoshop :confused: )
And I agree
(both about the advantages of idea sharing, and that I think I might have darkened it a little too much past the 'ideal' point -
though as you say it is hard to judge such things exactly, when all our monitor calibrations will differ...
In a similar vein, mine looks a touch darker, and the greens a little flatter, viewed here in Explorer than when it was in Photoshop :confused: )
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willy007
10-20 08:35 PM
The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
english_august
06-08 07:58 AM
For Postmortem, I think we should focus on one thing, how did that number 90,000 for reducing backlong of EB visas got into the bill in the first place? For illegal workers they did it by percentage to eliminate the backlog in 5 years. Why wasn't something similar done for EB visas?
I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.
On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.
I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.
On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.
senthil
02-07 08:48 AM
folks - this is what ive been told.
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
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