Wednesday, July 13, 2011

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  • Sheetal81
    08-23 04:58 PM
    Thanks everyone for the replies and Texcan I am sorry , I am new here so didnt know much about starting a new thread..





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  • Valle
    10-24 04:48 PM
    Good Afternoon IV members,

    Best wishes to all of you who are seeking advice or are in a visa process of any sort.

    My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.

    Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it. Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?

    Any advice is greatly appreciated.

    Have a great weekend,

    Valle





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  • vin13
    04-02 08:51 AM
    I have a medical RFE. RFE asks me to go back to the original Civil Surgeon. Since I have moved to different place going to same civil surgeon is not an option.
    Has any one run into similar situation. If so please share your experience.

    Maybe the IO is asking you to go to the original civil surgeon so they can make a correction/addition to the original.

    I would advise you to get the whole medical redone from a new doctor(close to your home). This way IO doesnot have to compare the original and the additional results as per the RFE.

    I went to a different civil surgeon as i had moved to a different state. Some doctors have a standard fee for immigration medical. Best would be for you to get the whole medical redone and submit. Take a copy of your previous medical so they can copy your immunization records. This way you can avoid some vaccinations:)





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  • pointlesswait
    05-05 08:37 PM
    I would consult an attorney to understand your residency status..
    usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
    I think its a legal loophole they are exploiting..sad;-(



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  • bandya
    05-24 01:08 PM
    Fax Sent.





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  • gcnirvana
    05-17 07:37 PM
    Thanks GotGC! Looks like it depends on the officer at the POE. Can I goto the local CBP office saying it was an error by the officer and get it updated? Anyways, I've an appointment with the USCIS official tomorrow and will update this thread on how it went.

    I was in a similar, but slightly different, situation. I got my 3 year extension while my previous extension was still valid (a couple of days left).

    So at the POE, the officer gave me on the I-94 a date that was 3 years from the date of entry (that's the max their system was designed to handle) and said that since I have the visa on the passport, the next time I reenter I would get the later date on the I-94.



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  • swamy
    08-20 01:32 PM
    the effort to address the ugly country caps and retrogression in general shouldnt depend on someone else's misfortune - why should we profit from some other familiy's heartache? the system is atrocious and needs to be reformed - even if you get your gc tomorrow, hopefully u wont instantly join the group that wants to shut the door on those following-& pls make sure whateevr u sire too doesnt turn anti like the nutcases that i've come across





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  • nrk
    07-20 11:15 AM
    Thansk Gaurav, I thought I as (One)



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  • raghav0
    11-22 08:58 AM
    I agree with the majority of the posts here that talk about bickering and infighting that we have as opposed to remaining focused on our common goal. Just because someone had a bright spark that people with Masters should get Green Cards, is the USCIS going to honor that and change the rules to benefit us? I think we need to remain patient and focused on the job at hand. i.e - supporting the IV front liners and having a single voice which boldly and clearly talks of expediting the green card process. If we are not going to to act in unison, we are the biggest losers!

    FYI - I have been in the country long enough and have gone through the pain of bungling lawyers and unresponsive management..so its not that I choose to be +ve since I haven't had any bad experience with this process!!





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  • saimrathi
    09-17 05:30 PM
    Recd EAD Card today (issued 9/12/07, RN 9/6/07)
    Recd FP notice today.. FP on 9/26/07.



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  • ssingh92
    02-24 11:03 PM
    Hello,

    In all the stories of INS, USCIS, DHS that I've read here, the lack of visibility, customer service and accountability seem to be the common theme.

    However, I was pleasantly surprized by a call from IO a few weeks back in local office asking me for extra documents (Current employment letter as the original one was from 2007, 2007 tax returns and 2007/08 W-2).

    He told me that though he had sent a letter, the letter would take a few days to reach and hence he wanted to call me up. He also told me that as my original fingerprints are expiring on 26th Feb, I should send the response as soon as possible to enable him to process the application.

    Though I still don't have any extra hope that the application will be processed soon, it was nice to see a change in USCIS approach.

    Hope this was not an exception to rule and we see more such behavior from USCIS that helps in clearing us from this awkward limbo situation.


    They might thinking to deport you asap!!!!!!!! Just kidding!!! I dont have much hope from these guys. My finger print medical expired last year and I didn't get any letter or call.

    Anyway having + Attitude and is good thing.





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  • dressking
    09-21 06:21 AM
    I did not feel like signing along for two reasons: we are not US citizen yet, and I consider myself citizen of the world and will always be. I do not aspire to become citizen of the United States of America.

    Even when Americans sang their national anthem in a church, I felt not right. Churches are not supposed to be linked to states. There should be no country boundary within the Christian world.

    There should be no country boundary within the world we want to build either.

    By the way, if the United States go to war with your country of birth, who will you side with? Will the United States trust you?



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  • raamskl
    07-11 09:25 PM
    5) Search for the bank in your area which requires and processes ITIN application directly with IRS for the application of opening checking/savings
    bank account for the people who do not have social security number. .

    http://www.irs.gov/individuals/article/0,,id=96304,00.html





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  • ss_col
    04-04 01:03 PM
    But at least they are getting GC in 6 months. I dont mind getting paid low if it means getting GC in 6 months. Anyways half our money goes in getting h1 extensions and paying lawyers so might as well get it over with by getting paid low. It is so disheartening to know how people are abusing the law and getting GC the short cut way while our stuggle starts with getting admission to f1 to doing our masters to trying to get h1 and then GC.
    I have a friend who has done his MS from a top school here and his wife is a dentist but cant work for last 5 years and here is a guy whose education is a BCom and his wife's too and both are working and have got the whole thing the easy way out. Very disheartening.



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  • diptam
    06-10 03:03 PM
    I know this topic has been discussed in other threads as well and those threads got buried over the Period of time but this is getting beyond limit now - let me know if anyone has any good idea or if we can do anything together......

    My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.

    a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.

    b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.

    c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.

    d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.

    Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?





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  • EndlessWait
    12-14 02:15 PM
    In our case, the primary applicant has received FP but the dependent has not yet received, has this happened to anyone?

    I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !

    My spouse got the FP but I'm waiting. I'm the primary. I opened 2 SRs but only my wife got the FP, whereas I got a notice to basically wait. god knows



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  • javadeveloper
    03-10 11:08 AM
    I don't know if it is really easy to renew in US.Because i just filled the form with this link https://passport.gov.in/nri/OnlineRegistration.jsp?pocode=USAW and saved the application.I thought It'll save my details , but It looks like it sent the application to embassy.When I wanted to reprint the form it's asking the Web File No which I never received.May be I need to call them for this #.I tried to fill the form and save again.It's coming up with blank page without any Web File No.

    When I called officer , he says server may be down try in the evening.Not sure if it works this time.





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  • GCBy3000
    07-19 05:18 PM
    Why not? They have to send the receipt notice on time. They have to send AP / EAD within certain days. Immigrants plan certain events based on these laws. If anyone decides to prepare and file a lawsuit for not getting EAD, he/she could do it now as per the law. Some one said, there is a law that they should be giving EAD in 90 days.

    Again EAD is valid for only one year. You have to file in advance and you will get one year from the date of filing or approval I am not sure. If you dont get EAD on time, then youare not supposed to work. PERIOD. If this happens a lot, then lawsuit is for sure from someone like me who have family with two kids and play by rules. I have strong backing of my company HR.

    If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)

    However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.





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  • gsc999
    07-19 05:20 PM
    Alternatively, IV can find you a spouse to get married ASAP. Just kidding.

    :) :)

    Fuzzy, you are scaring single people by using spouse, married and kid(ing) in one and a half sentence :p

    I second manoj's demand, we need representation. Power to single members of IV, let our issues be heard. This will help resolve the H4 dependent issue. Since future IVer would both be on H1-b. Thanks to this idea :D





    pointlesswait
    03-21 08:06 AM
    How many paystubs do you need to file for H1-extension.

    In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.

    will that be enough or do i need all 4-stubs to be 80 hrs????





    americandesi
    01-29 09:55 PM
    Thank u so much for the info you've collected. In my case, PP expiry is sometime in August. So no issues with that. And I assume the I-94 date issue is applicable only if I used the AP instead of AVR while coming back.
    And yes, as per Murthy's site, I'd be carrying the telegram with me to show the IO if needed. And yes...you are right. Its only good NOT to lie to the IO at the POE and promptly tell him that I had been to Canada for landing purpose. But the negative side to this would be a possible RFE on the pending 485 as per this link: http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=3274000912&m=8451014631&showpollresults=Y

    After analysing the situation on that link, I think its wise NOT to LAND in Canada for a PR status while 485 is pending although some people can get lucky if the IO doesn't notice. Some IOs (who are good :)) might even not make an entry on your record even after knowing that you are back from Canada after accepting PR which is another luck scenario. But in the worst case scenario, an RFE on 485 is definitely not a good sign even if there could be ways to get thru it by replying back with reason etc...Bottom line, the 485 adjudication can take a while and might even get rejected with this RFE what with all the stringent laws and scrutinization.

    Thoughts appreciated...

    If you go through the thread for I-485 RFE on Canadian PR it mentions that
    “Service records shows that you filed canadian P.R after you submitted your application for P.R in US.”

    As long as you have applied for Canadian PR before filing for US GC there shouldn’t be any problems. My best guess for the source of this RFE is the FBI finger printing submitted towards Canadian PR and not the IO at the POE.



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