javadeveloper
09-04 10:24 AM
Hi guys,
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
I am also planning.
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
I am also planning.
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reno_john
06-18 12:34 PM
U need to Say the last entry because H1B visa will tell you the stamping city. SO u can go ahead and tell them the port of entry u came to USA after H1B stamp, since u will be sending a copy of ur passport and they will see ur Canada visa and also the H1 visa with Canada as the date of issuance and that will be in the USCIS database, because they verify before they issue the H1 visa.
gmpa
04-30 03:47 PM
I-140, TSC
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
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fres42
01-27 10:57 AM
I applied for my H1B extension on Aug 23rd(Vermont). It says they are currently processing Oct 01, but my case is still pending..... Anyone in the same boat?
Vjkypally, I am in a similar position. I applied for H1 transfer Aug 13th, Vermont Center. Yes, it says they are processing Oct 1, but my case is still pending. For some reason the online status hasn't been updated. It shows old status, pending, the original status of Aug 13 reciept notice date.
Vjkypally, I am in a similar position. I applied for H1 transfer Aug 13th, Vermont Center. Yes, it says they are processing Oct 1, but my case is still pending. For some reason the online status hasn't been updated. It shows old status, pending, the original status of Aug 13 reciept notice date.
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Houstonguy
04-24 11:56 AM
Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
parablergh
09-02 04:13 PM
The officer is incorrect. The H-1B visa stamp only allows for reentry into the U.S. from abroad, it does not control your status. You can either go back and explain that the I-94 card attached to the approval notice isn't the most recent, and therefore isn't your current expiration or follow one of the other options presented above.
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rampaadh@hotmail.com
05-18 08:08 PM
can you please give me the link? I searched Murthy's site, but could not find the link.
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
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looivy
12-22 10:13 PM
I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.
At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.
1. Passports (old and new)
2. The original Notice of Action (Form I-797).
3. Employment Contract
4. Labor certification (LCA)
5. The entire approved petition (I-129)
6. Original letters verifying your employment history and specific work skills.
7. Original degree certificates along with mark sheets.
8. Relevant diplomas or certificates, e.g. computer certification.
9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
10. Employment letter from current employer
11. DS-160
12. DS-160 confirmation letter with barcode
13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
15. Payslips
16. All previous I-797s
17. Original AP (For your own backup if applicable)
18. Original EAD (For your own backup if applicable)
19. I-485 Notice of action
20. Appointment confirmation printout
21. Company annual report (if any)
22. Company's tax returns (if applicable)
23. Your personal tax returns for last 5 years. He asked for last three years.
24. Marriage certificate (if applicable)
25. Take your business card, if you have one
26. Driver license
It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.
The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.
Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.
Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.
Hope this was helpful.
Good luck!
At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.
1. Passports (old and new)
2. The original Notice of Action (Form I-797).
3. Employment Contract
4. Labor certification (LCA)
5. The entire approved petition (I-129)
6. Original letters verifying your employment history and specific work skills.
7. Original degree certificates along with mark sheets.
8. Relevant diplomas or certificates, e.g. computer certification.
9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
10. Employment letter from current employer
11. DS-160
12. DS-160 confirmation letter with barcode
13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
15. Payslips
16. All previous I-797s
17. Original AP (For your own backup if applicable)
18. Original EAD (For your own backup if applicable)
19. I-485 Notice of action
20. Appointment confirmation printout
21. Company annual report (if any)
22. Company's tax returns (if applicable)
23. Your personal tax returns for last 5 years. He asked for last three years.
24. Marriage certificate (if applicable)
25. Take your business card, if you have one
26. Driver license
It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.
The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.
Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.
Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.
Hope this was helpful.
Good luck!
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calaway42
10-04 01:06 AM
but the thing is.. i dont have another strip of rentangle on either side... according to the tutes.. im suppose to have one
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madhu345
09-18 08:46 AM
Why dont we take voting for name change and see what % of members will opt for the change.
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amsh
08-21 05:23 PM
I had got my EB3 priority date recaptured in EB2 I140 filed latter .After doing this ,I asked my lawyer to interfile the case (ask them write a letter to USCIS to convert my earlier filed I485 application in EB3 to EB2) .
My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.
I have two questions
1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .
2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?
Best regards and thanks for helping !
My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.
I have two questions
1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .
2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?
Best regards and thanks for helping !
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koppula09
01-04 12:51 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
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lazycis
12-27 04:53 PM
Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
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Pineapple
08-01 11:05 PM
It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
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seekerofpeace
09-10 11:17 PM
Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
dresses Who knew Cameron Diaz was such
lostinbeta
10-15 10:18 PM
I watch it =)
Haha, just kidding, my niece watches it :) :P
Haha, just kidding, my niece watches it :) :P
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makeup Bad Teacher Trailer – Cameron
chintu25
09-25 11:09 AM
Excellent stuff.....
girlfriend take care of her. Cameron
gdhiren
05-08 10:24 AM
There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.
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krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
anilsal
09-14 10:52 PM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
ca_immigrant
06-15 05:47 PM
Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.
Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
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