LostInGCProcess
09-17 12:19 PM
TV25,
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
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user9
06-04 04:27 PM
Dhundhun,
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
Sorry to hear that case is gone to wrong office. The (c)(9)() class of EAD filing instruction is that it must be sent where I485 is being processed.
During infopass visit, officer must have given some clue.
If I were you, I would be sending the supporting documents with a covering letter stating the blunder. This type of mistake should not be uncommon to USCIS offices and they should have procedures to fix it.
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
Sorry to hear that case is gone to wrong office. The (c)(9)() class of EAD filing instruction is that it must be sent where I485 is being processed.
During infopass visit, officer must have given some clue.
If I were you, I would be sending the supporting documents with a covering letter stating the blunder. This type of mistake should not be uncommon to USCIS offices and they should have procedures to fix it.
manishcp
10-08 07:59 AM
Smaething NO LUD yet
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crystal
07-12 10:26 PM
you cannot say like that. One of my friend got RFE for i-140 ,but 3 others were approved who applied along with him from the same company . RFE is regarding the company details.. Since my I-140 got approved recently, my employer might not have lot of issues with IRS or INS. ??????????? what do you guys think.
more...
sammyb
03-03 02:05 PM
Went there personally and reached the consulate at around 9:00 AM... they had the waiting area open and gave me a number... approx 40 people were ahead of mine ... I had to do two work and seems one number was good enough for that ... by 10:45 I got my turn and the lady at the counter took my papers and papers for my little one's PIO card ... I paid 20+20 = $40 extra so that they can USPS me the PP ... received it within one week and the PIO card within 10 days ... I was out by 11:00 AM from the consulate ... a personal advice, if you go personally avoid Monday or Friday .. go in a weekday and you will have better luck with the crowd...
Good thing about going personally is that you do not have to send any original doc (for PIO card case) ... they only kept my old PP and returned both the books via mail...
only advice do not except a good service at the CGINY ... the lady at the counter was nice but over all service was poor ... you can see people were enjoying morning news paper even if it was well past 9:15/9:30 ... and if you call the number no one will pick the phone ... that�s terrible ...
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Good thing about going personally is that you do not have to send any original doc (for PIO card case) ... they only kept my old PP and returned both the books via mail...
only advice do not except a good service at the CGINY ... the lady at the counter was nice but over all service was poor ... you can see people were enjoying morning news paper even if it was well past 9:15/9:30 ... and if you call the number no one will pick the phone ... that�s terrible ...
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
dealsboy
07-19 01:59 PM
I have sent my photos next day after efiling. They didn't use the latest photos.
more...
rxsimha
03-17 03:20 PM
^^^
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ca_immigrant
11-29 06:59 PM
hmm..
looks like I might be able to claim my parents
they are here since july last week..so around 160 days this year and were here last year for 3 months, so one-thirs of that is 30
so have a total of 190 (which is more than 183)
Substantial Presence Test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html)
Does this have an impct on the GC though ?
I mean, I see that is a prefectly legal thing to do but does USCIS have a problem with that....
looks like I might be able to claim my parents
they are here since july last week..so around 160 days this year and were here last year for 3 months, so one-thirs of that is 30
so have a total of 190 (which is more than 183)
Substantial Presence Test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html)
Does this have an impct on the GC though ?
I mean, I see that is a prefectly legal thing to do but does USCIS have a problem with that....
more...
ashkam
02-21 01:59 PM
Hi-
How early can I apply for the H1B extension. My current visa expires in mid of June 2008. How many days in advance can I apply for my extension.
Thanks
180 days.
How early can I apply for the H1B extension. My current visa expires in mid of June 2008. How many days in advance can I apply for my extension.
Thanks
180 days.
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jetflyer
06-16 01:16 PM
I finalized my mortgage with Reliance Mortgage, they gave me 5.5% 30yr fix with Bank of America. I like the service and payment.
I can PM phone# if you wish,
I can PM phone# if you wish,
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xwndtkot
07-30 02:46 AM
I am in the same boat. My 1st paper file was rejected the same reasons (incorrect fee and no I485 notice.)
so I efiled right away after i got the returned package on june 24. I received the notice a week later dated June 24. Since then, no news... no updated.
Since that people who filed the 1st week of June had already got their renewal notices or physical cards.......
mine current exp on Aug 14... so far I only have 2 weeks....
will I get anything within 2 weeks??????
Anyone out here file around June 24 at TSC and got any news???????
Thx
so I efiled right away after i got the returned package on june 24. I received the notice a week later dated June 24. Since then, no news... no updated.
Since that people who filed the 1st week of June had already got their renewal notices or physical cards.......
mine current exp on Aug 14... so far I only have 2 weeks....
will I get anything within 2 weeks??????
Anyone out here file around June 24 at TSC and got any news???????
Thx
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rajuram
02-15 12:03 AM
The real question is if Senator Kennedy's office said March 07 or March 08 or 09. This drama has no ending.
What is our worth here, to me it looks like for the politcians illegals are more valuable than well educated immigrants. It is the same old political crap that I had seen back home, it is just that here it is packaged differently.
I called Senator Ed Kennedy's office and was told that CIR is likely to be introduced in early March something like first week. They of course told me that there are no guarantees, but more a reasonable probability.
What is our worth here, to me it looks like for the politcians illegals are more valuable than well educated immigrants. It is the same old political crap that I had seen back home, it is just that here it is packaged differently.
I called Senator Ed Kennedy's office and was told that CIR is likely to be introduced in early March something like first week. They of course told me that there are no guarantees, but more a reasonable probability.
more...
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furiouspride
08-08 12:06 AM
@kkn006,
Dude, you need to pick one of the two: Immigration or Career. Given the current immigration climate, you can't have both of them. I'm sure you might have thought about this when you switched to the Fortune 500 company and knew what you were getting into. If you feel you have a chance at the EB2 by switching back to the previous employer, I think you should do it. Once you get your residency, you will have plenty of opportunities to work for even Fortune 100 companies. For now, just take the plunge and get ready for your dates to become current.
Dude, you need to pick one of the two: Immigration or Career. Given the current immigration climate, you can't have both of them. I'm sure you might have thought about this when you switched to the Fortune 500 company and knew what you were getting into. If you feel you have a chance at the EB2 by switching back to the previous employer, I think you should do it. Once you get your residency, you will have plenty of opportunities to work for even Fortune 100 companies. For now, just take the plunge and get ready for your dates to become current.
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centaur
01-26 10:38 PM
Make membership to this site "paid". You want updates, monthly fee $10 or $15.
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Fightwithfate
03-18 01:34 PM
Why you think that is not possible?
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.
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kumarc123
09-22 02:01 PM
Thanks Paskal!
This is exactly the kind of communication we need from the core.
I concur with you all the way, if you look at this country's political history, all major bills passed through the election year. We have hope, this bill will pass. So please lets all remain positive and strive our efforts for our goals.
Also with the PM of INDIA coming this week and the talks on 123 agreement, I am positive something good is coming to all of us. This agreement will be the first important treaty between US & India.
Good luck to all IV members, thanks for all your contribution and help so for, lets keep positivity and our efforts aligned.
Thanks
This is exactly the kind of communication we need from the core.
I concur with you all the way, if you look at this country's political history, all major bills passed through the election year. We have hope, this bill will pass. So please lets all remain positive and strive our efforts for our goals.
Also with the PM of INDIA coming this week and the talks on 123 agreement, I am positive something good is coming to all of us. This agreement will be the first important treaty between US & India.
Good luck to all IV members, thanks for all your contribution and help so for, lets keep positivity and our efforts aligned.
Thanks
more...
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vactorboy29
08-11 02:17 PM
Please help me with USCIS Phone Key Pad Entry Sequence to talk to USCIS. I need to know why my case was transferred to Local Office.
Try this
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
Try this
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
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chanduv23
02-13 09:01 PM
After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)
Please please do so :) Lets all join hands and succeed in this campaign
Please please do so :) Lets all join hands and succeed in this campaign
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chanduv23
05-30 03:16 PM
Laws are not straightforward. They are bent, mended,amended etc... based on needs.
Current need is a Mexican population vote bank and American vote bank
Amnesty to Illegals - Mexican and latino immigrants love it - vote bank
Punishing h1b - Americans love it, Indians and other immigrants who already got GCs and citizenships love it as it reduces competition and kills it, so they love it - vote bank
Doing something for h1b - Latinos wont care, Americans wont like it, Industry will lose control over h1b if h1bs start getting GCs - no vote
Increasing h1b and allowing employers to show GC carrot - employers loveeee it
Punishing h1b severly - disaster for economy - so some relaxations will be made.
Overall - our lives will improve bit by bit due to efforts of organizations like IV etc...
Current need is a Mexican population vote bank and American vote bank
Amnesty to Illegals - Mexican and latino immigrants love it - vote bank
Punishing h1b - Americans love it, Indians and other immigrants who already got GCs and citizenships love it as it reduces competition and kills it, so they love it - vote bank
Doing something for h1b - Latinos wont care, Americans wont like it, Industry will lose control over h1b if h1bs start getting GCs - no vote
Increasing h1b and allowing employers to show GC carrot - employers loveeee it
Punishing h1b severly - disaster for economy - so some relaxations will be made.
Overall - our lives will improve bit by bit due to efforts of organizations like IV etc...
Michael chertoff
10-04 10:40 AM
Recieved EAD card and approved AP documents last month, still waiting for approval notices for both... is it normal or a problem.
Legal
07-19 04:53 PM
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
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.
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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