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  • needhelpASAP
    04-26 01:07 PM
    Thanks so much for the responses.

    I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.

    "As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."

    Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?

    Thanks again.

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  • frostrated
    10-26 02:03 PM
    "NO right turn on Red" can be thought of as an image. Whenever we read anything, we do not actually read the spelling of the word, but we look at the image the words form. That is the reason we sometimes have difficult when the letters are not legible as the image does not map to anything in our permanent memory. humans or any animals recognize through visual stimulii, not reading. Think more on this, it is interesting to the solutions that come out of it.

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  • ca_immigrant
    04-15 08:20 PM
    So I have sent them 2 applications
    one for my daughter (add OCI to new passport) and one for my son (get new PIO)

    All have same documents and so have sent proof of address for both the applications.

    My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)

    Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...

    and now they are saying I have not sent the old passport that has the U visa.
    Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.

    Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
    and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least

    So far I must say I am not impressed with thier service...but anyways why will they care

    just venting out !!

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  • taureanstud
    01-02 04:11 PM

    Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?



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  • Blog Feeds
    04-26 11:30 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:

    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:


    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.

    More... (

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  • sundevil
    03-16 05:55 PM
    Please edit the title and post to correct spelling of "insurance". It looks very negative in our home page while we are claiming to be highly skilled immigrants.


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  • hpandey
    01-24 12:34 PM
    Maybe your lawyer should jump into the well or go back to school ;)

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  • Karthikthiru
    08-09 08:58 AM
    There is new posting about this bill on Matthew Oh site. It gives more detail about this proposed bill. It says "Specter's Discussion Draft for New CIR" and he has given more deatils of it



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  • snathan
    02-09 02:39 PM
    Guys Please contribute...Thats the need of hour.

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  • eager_immi
    02-12 10:51 PM
    it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.


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  • pappu
    09-08 12:22 PM
    IV members,

    IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details: Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.

    This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.


    Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
    Washington, D.C., September 8th, 2006

    Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.

    The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.

    Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
    Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
    Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.

    "The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�

    Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.

    About Immigration Voice:

    Immigration Voice ( is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.

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  • sjhugoose
    January 6th, 2004, 09:55 AM
    Smart man Anders!! I did the same thing a few weeks ago on one of my bird images!

    My reasoning was slightly different in that at iso 1600 often there is little to no noise on the subject but tons in the OOF region! And NI removes detail and sharpness which I hate! So I did the same thing to background while holding the birds definition!

    Enjoy and never worried about does this look natural question anymore! Nothing looks natural to me anymore :)



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  • logiclife
    07-23 11:11 AM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?

    GUYS: Do not advise if you dont know AC21 portability for sure.

    To CanadianIndian:

    No. Nothing will be impacted. You can move to a new location.

    During the first 180 days:
    You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

    After 180 days of filing:
    You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

    If you 485 is approved in less than 180 days:
    This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.

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  • makino_a55
    01-29 10:06 PM
    Cases filed in the so called 245 -i
    do they have to go the same procedure like any other employement category???
    i mean , 1. get labour approved by state and fed ,
    2. get 140 approval ,
    3.file I-485 get approval and then do they get their GC.

    My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
    at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.

    if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.

    a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.

    Any thougths /opnions???????


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  • kittu07in
    08-27 03:57 PM
    [....You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room...]

    How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
    to convert her B-2 status, do I need to be on B-1? or it can be anything?
    Does she can able to COS from B-2 to F1 (Student)...?

    ~Thanks in advance

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  • sajimm
    03-04 09:18 AM
    This is going to impact lot of people.

    Here is the link to the actual memo.


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  • gc28262
    04-07 06:23 PM
    I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)

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  • sundarpn
    01-02 06:33 PM
    Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?

    I have the same question and a few more:

    I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).

    So what are the problems/implications becasue of this? Are we still on H1b status?

    Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?

    In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?

    I understand that these are very low level questions and better to consult an attrorney etc.

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  • milind70
    06-04 11:59 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV

    Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
    But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
    then u will get an approval.
    In other words your chances of your case /PD being retrogressed are highly unlikely.

    07-13 11:43 AM
    I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11

    Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.

    How did you "generate paystubs for wife"?
    Would you please explain.

    02-23 11:44 AM

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani :)

    a) Your H1 will be exempt from quota.
    b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
    c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.

    Not a legal advice.
    US citizen of Indian origin

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