Wednesday, June 8, 2011

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  • fromnaija
    09-15 10:52 AM
    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.

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  • mirchiseth
    05-29 01:18 PM
    Just to confirm, based on webm's response

    For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.

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  • ArunAntonio
    09-16 01:15 AM
    Members in and around the DC area please show up for the Rally, we all need to participate to make this a success.
    We all are the benificiaries of any positive out come of this, why not be a part of it?
    Please join the rally.

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  • div_bell_2003
    01-09 04:42 PM

    Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.


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  • quizzer
    11-21 12:34 PM

    SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.

    As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.

    it's a simple process and lawyer should be knowing how to handle this.

    I see people getting decisions within 30-45 days after SR.

    Mine came in about 27 days.

    let me know if you have any questions.


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  • indyanguy
    11-06 12:39 PM
    Sorry if a related question is posted elsewhere. I searched and didn't find any thread that answers my question.

    Any help is appreciated..



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  • sgX05
    02-12 01:53 AM
    Another interesting thing is that the status on both 485s went from Request For Evidence to Initial Review. Had got and responded to RFEs on the 485s back in 2008.

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  • sundarraj_us
    07-17 08:38 PM
    IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!

    BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?

    His comments from the bulletin sounds so honest

    �The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�

    Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...

    Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
    I concur


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  • anilvt
    08-10 05:15 PM
    count me too

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  • swaraj
    11-12 01:07 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?


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  • wandmaker
    08-10 07:43 AM
    I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
    In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
    Please advise me urgently on this matter

    If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.

    Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.

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  • ksurjan
    10-19 08:33 AM
    A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.


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  • Blog Feeds
    04-26 11:20 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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  • alexmat01
    01-13 04:36 AM
    I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
    Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval

    Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
    I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)

    If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?

    Thanks a ton for your service and pls help me out.


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  • apatel_17
    04-27 10:57 AM
    does anyone know when CIR will be discussed in the house and in the Senate?

    Senate taking it up in the last 2 weeks of May. House has not scheduled debate on CIR yet, I believe. Supposedly this is the quiet before the storm. I believe a lot of backstage deal-making and negotiating is going on to get bipartisan support for CIR.

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  • sayantan76
    07-30 06:25 PM
    I got the following email alert today from USCIS:


    Current Status: Notice mailed welcoming the new permanent resident.

    On July 28, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.

    Does it mean my GC is approved or is there any other step - what is this ADIT processing?

    Anyways - for statistics I140+485 was filed concurrently in Dec'2006. 140 was approved last week. FP was scheduled for Jan 2'2006 - I could not make it on that date - got FP done in mid Feb'06. EAD and AP came in Feb'06.


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  • perm2gc
    07-13 12:08 PM
    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.
    what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.

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  • gcdreamer05
    11-14 03:03 PM
    Hello guys,

    I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.

    I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".

    What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!

    My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.

    Anyone got the same thing? What can I do here?

    that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)

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  • lvinaykumar
    04-09 10:25 PM
    all we can do is fight untill we get what we want..

    11-04 01:26 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.


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