Friday, June 10, 2011

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  • guesswho
    03-13 04:58 PM
    Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.

    The drawbacks I can think of -
    - ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
    - I don't know how it will affect your pending AP application.


    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

    Pls take a moment to reply





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  • Widget
    03-27 12:31 PM
    Do you have a list and contact numbers of these attorneys? how much do they charge?


    Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

    If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

    You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

    There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.


    Regards





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  • senthil1
    06-26 02:30 PM
    My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past

    Could you please point out the section where it says dual intent for H1 will be removed ?





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  • cbpds
    06-18 02:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
    u never went to india since 5 years, your crazy :)



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  • sparky_jones
    10-01 08:19 AM
    ^^^^





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  • DianaSteve
    12-13 12:02 PM
    My I140 is showing up online now.



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  • shana04
    05-17 06:27 PM
    You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.

    She has the second I-94.

    I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents

    As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.

    Thanks for your reply.

    Shana





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  • voldemar
    02-09 12:17 PM
    The day I applied that day the PD was current.
    PD should be current at the date of approval too. If it's current now you can get decision in couple of weeks, if PD is not current - just forget about checking that dates.
    Also that date is showing as 19 july 2007.It means that majority of applications filed before that date and with current PD and necessary checks completed are with adjudicating officers.



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  • brij523
    11-07 12:26 PM
    brij523.. Taking time out for IV even though you have your GC

    My Pleasure!!





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  • number30
    04-23 02:52 PM
    My I-140 is still pending at NSC.
    I am planning to change my apartment. Same city, different zipcode, better deal!
    Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:

    Here is my question:
    In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
    Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.

    So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?

    You have 10 days times after moving into new apartment. See the first line in below application


    http://www.uscis.gov/files/form/ar-11.pdf



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  • ivgclive
    03-11 01:05 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)

    Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)

    Find out the reason why that "Employment Insurance" rejected the coverage.

    My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.

    Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.





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  • lazycis
    01-15 12:16 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!

    Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

    Here is the link to access the regulation in question
    http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

    Look at page 132.



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  • paskal
    07-14 12:01 PM
    why is there not an EB3 Philipenes with backlogs?
    that would free up EB3 ROW and allow spillover
    Clearly Philipenes has enough applicants to have backlog issues???





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  • sbmallik
    05-14 09:41 AM
    Gaithersburg, Rockville, Deerwood or Aspen Hill



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  • bfadlia
    03-17 12:13 PM
    ^^^^^^^^^





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  • lonedesi
    05-03 06:37 AM
    I think it makes a lot of sense in what Janakp is conveying. These online petitions are no good and will achieve nothing. It is better we meet our congressmen/senators and convey these issues to them or their staff.



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  • sanjeev.mehra@gmail.com
    08-06 09:40 AM
    Thanks for your response.
    God bless U all.





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  • nixstor
    02-09 06:09 PM
    http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html

    check it out!





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  • nepaliboy
    05-22 09:55 AM
    I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at




    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC















    thanks but my RD is july 2nd 2007 taxes service center





    trueguy
    08-28 02:09 PM
    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications


    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.





    sdeshpan
    07-21 03:13 PM
    Has your experience via Delhi been any different (better/worse) than Bombay...mostly in terms of harassment by customs officials etc?



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