gceverywhere
06-10 08:00 PM
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
rajeshalex
08-22 07:05 PM
I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
lostinbeta
10-21 02:19 AM
Oh, I gotcha.... your a dead head. Did you decorate a cake like that? (I believe that was the pic in the Tell Us thread)?
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!
more...
whiteStallion
10-17 02:55 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
parablergh
08-31 07:55 PM
Cant i use the I 94 attached to my 797 document.Will it not solve my problem.
Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.
Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.
Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.
Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.
more...
optimystic
04-23 03:46 PM
What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?
I believe so. As per the archived bulletins, (and also per my memory) , everything was 'U' in Employment based category.
I believe so. As per the archived bulletins, (and also per my memory) , everything was 'U' in Employment based category.
Dhundhun
11-24 05:13 AM
Nihar, let me understand your problem and explain you, what might be happening?
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
more...
venetian
07-06 03:30 PM
Thanks again for the responses.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
eilsoe
03-07 12:33 PM
voted for mlk, that is one sick design man... just love it... :thumb:
looks a little like 2A, but may just be the colorscheme :)
looks a little like 2A, but may just be the colorscheme :)
more...
a1b2c3
07-10 05:17 PM
my PD is still not current :p
Just kidding..glad to see the dates move fwd.
Just kidding..glad to see the dates move fwd.
gc_on_demand
04-04 07:38 AM
Lets post here if you are Post July 2007 applicant and have received email /mail from NVC ( National Visa Center ) to pay visa fees. Share your PD and other details you received from NVC.
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
more...
mantagon
07-28 09:12 AM
A couple of years back, my wife, who was on OPT back then moved from OH to TN. All she had to do was to give the written test in TN to get the TN license.
Also, from my past experiences, I can suggest you to try again by going to a different DMA. Speak to the manager, if possible and reason with him/her. Good luck!
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
Also, from my past experiences, I can suggest you to try again by going to a different DMA. Speak to the manager, if possible and reason with him/her. Good luck!
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
lazycis
09-23 05:11 PM
Eventually they will accept it if it was wrongly rejected so you do not have to worry that you won't be able to re-file it after 9/30.
more...
greenleaf81
11-06 11:16 PM
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Thanks a lot WandMaker, really appreciate you giving me the link. Definitely looks like we can convert a case to Premium processing even after a RFE.
Thanks a lot WandMaker, really appreciate you giving me the link. Definitely looks like we can convert a case to Premium processing even after a RFE.
averagedesi
08-29 09:14 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
more...
masterji
07-21 08:17 PM
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
s416504
12-04 09:40 AM
Thanks Ashkam & Sledge_hammer for sharing valuable information
thescadaman
09-14 07:22 PM
I had ordered my IV Texas T-Shirt on Sunday and have received it today! I am all set for the Rally and will be departing Houston, Texas on the 17th.
See you all in DC..
See you all in DC..
VenuK
07-10 06:03 PM
hi gapala,
Thanks for your response...
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
Please let me know your thoughts.
With Thanks
Venu
Thanks for your response...
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
Please let me know your thoughts.
With Thanks
Venu
msyedy
01-12 06:57 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.