Wednesday, June 8, 2011

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  • jungalee43
    02-10 04:04 PM
    I would like to face such a problem !

    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?


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  • gcwait2007
    06-06 11:20 AM
    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"

    LOL:) Well said la6470:cool:

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  • ragz4u
    02-03 11:13 AM
    If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.

    Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)

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  • lj_rr
    08-02 06:54 PM
    Same day - never?
    It takes 1 or 2 days depending on the rush.

    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?



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  • factoryman
    06-18 05:56 PM
    what you are looking. Come out of the secret location and give some hints. Are you in Montana? Just kidding.

    I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
    Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.

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  • GCBy3000
    05-06 11:47 AM
    If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.

    I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.

    WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.


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  • jungalee43
    10-06 04:11 PM
    Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-

    DHS | CIS Ombudsman - Case Problems (

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  • silvergga
    02-27 02:20 PM
    Mostly my question was misunderstood...

    I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...

    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...

    1) EB3 people believe and argue that it doesn't matter.
    2) From what I have noticed on , eb1 > eb2 > eb3.
    3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
    4) In the end, USCIS is a black box system and no one knows exactly how they work.
    5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
    6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.


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  • rockstart
    03-09 11:38 AM
    Yeah I think it makes sense to fill I9 form because that way you make it clear that your intent moving forward is to be on AOS rather than H1. In case you dont do it then you are on dual status with H1 being primary status so in that case it is open to wide interpretation of CIS officers to classify it as out of status or in status.

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  • nousername
    04-29 08:33 PM
    Summer travel season is around the corner, and unfortunately, because of the swine flu scare, each and every person entering India from USA (and some other countries) will have to go through a medical screening ( at the airports beginning yesterday. Some chaos is expected, particularly in busy terminals such as Delhi and Mumbai, given that "Airport authorities said they are still in the dark and are yet to gear up for these checks". So, it may be a good idea if those of you, who have just returned from India, share your experiences with this procedure; for example, the likelihood of facing stricter screening (or even a brief quarantine) if someone sneezes/coughs for any reason, or the "fitness certificate" forms that airlines are supposed to hand over to each passenger, etc.

    I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.

    You did to me so I will do the same to you..


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  • Dhundhun
    06-26 04:13 AM
    ...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.

    But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
    -- When a person is having vaild H-1B or H4 visa
    -- When a person is already having AP and is returning within the validity existing AP.

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  • EndRetro
    04-19 09:27 PM
    I would advise against going outside of your district to apply.

    If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.

    Why would you want to risk that?

    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.


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  • rockstart
    01-28 09:08 AM
    Sorry to break the bad news but technically the grounds for H1 extensions are no longer valid. Your only chance is if your appeal is in process because that keeps your application alive. Also recommended is to file a fresh PERM asap.

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  • WeShallOvercome
    07-26 01:49 PM
    I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.

    All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.

    I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.

    I don't have all the I-94s either. I do have the visa stamp on my passport.


    First of all change your title. It looks like you actually did get an RFE !
    Secondly, they do not ask for your status since first entry. They look for last entry.
    I've never seen any RFE like this.
    I know 200,000 people who do not have their past I-797s and/or I-94s, none of them is worried....

    If Immigration let you enter ona visa last time, alll your previous sins are forgotten!


    And please change the title


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  • morchu
    04-28 03:39 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.

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  • nixstor
    09-06 10:21 PM
    IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.

    On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.

    Am I feeding a troll? I guess..


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  • Chiwere
    06-11 03:38 PM
    I have used my labor for H1 extensions twice since running out of 6 year term, and have I140 pending with another extension coming up soon. I will not be able to use PP to get a 3 year tranche.
    If 140 gets thrown out then it's Sayonara. :eek:

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  • GCBoy786
    08-27 06:31 PM
    I called USCIS and they told me to wait for 30 days and then give them a call back. If I call them after 30 days about the missing card, they might open a case for it. I am not sure how many days it will take for them to send the replacement card.

    Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?

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  • suren1
    01-15 04:54 PM
    anybody with EB3 update.. same like EB2 from AILA?....:mad:

    07-23 05:45 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations

    07-25 10:08 AM

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.


    A. Singh

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