a_tyagi26
11-20 02:47 PM
Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
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Marphad
01-12 12:14 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
This is absolutely illegal. Never never do this.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
This is absolutely illegal. Never never do this.
Berkeleybee
04-03 07:29 PM
All,
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
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gcdreamer05
11-10 02:52 PM
--- bump ---
so many views but no replies yet :(
so many views but no replies yet :(
more...
kirupa
11-25 03:05 AM
Star...wha??? I just thought it looked cool :P
onemorecame
07-25 11:45 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
more...
martinvisalaw
10-07 02:04 PM
I received my H-1B approval for one year but my I-797 arrived without an I-94....
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
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kpsm88
11-15 04:46 PM
ksahmed,
Can you tell me if the AP was received by your attorney today or by you directly..
Can you tell me if the AP was received by your attorney today or by you directly..
more...
sush
10-03 06:46 PM
The latest one I see is 07/28/2007
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syedajmal
09-20 08:28 PM
When I put in my application for a 7th year extension based on the fact that my labor was pending for more than a year, I did get a 3 year extension. My company lawyer applied again requesting a one year extension and I recently got it approved.
I believe the assumption from his side was that even though the labor was approved for 3 year it is upto us to get it corrected. Hope this helps. But I believe this would be a good question for one of those conference calls.
I believe the assumption from his side was that even though the labor was approved for 3 year it is upto us to get it corrected. Hope this helps. But I believe this would be a good question for one of those conference calls.
more...
chanduv23
09-29 02:05 PM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
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desi3933
02-01 07:58 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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vicks_don
04-18 03:04 PM
thanks felix 31.
I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.
just one question.
when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like
a) does the receipt number change
b) when we input the previous number in uscis.gov does it say that your case has been transfered.
Thanks for your reply.
I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.
just one question.
when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like
a) does the receipt number change
b) when we input the previous number in uscis.gov does it say that your case has been transfered.
Thanks for your reply.
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h1bemployee
02-25 09:03 PM
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
thats what my employer told me....
thats what my employer told me....
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Sheetal_MA
06-09 10:52 AM
If you have w-2's you just need to fill 1040NR-EZ and send it back to the requesting officer. I don't understand what is the problem in fill a form and signing it and sending in the copies of it... what difference does it make if it was filled in 1999 or 2008 as it will be the same thing.... if they have a problem ask them to verify it with IRS which I am sure they will not able to do as there is no way so they have to accept what you submit... just my $0.02.. ask your attorney about this...
Hmm...isn't this illegal?
Hmm...isn't this illegal?
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needhelp!
05-21 07:52 PM
Very good post and the answer is in the last part:
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
more...
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sanju
11-20 11:09 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
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meridiani.planum
04-21 05:09 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
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gc_dedo
01-27 03:34 PM
Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
thesparky007
06-06 02:44 PM
mine are not on there?
you are kidding
you are kidding
crazyghoda
06-11 10:06 AM
Now that was some freudian slip :D. Thanks for the early morning humor.
USCIS tops any other US pubic office
USCIS tops any other US pubic office
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