thamizhan
07-17 10:11 PM
I spoke to my attorney office and they said that June 485 receipting is alsmost in the verge of completion and if they dedicate a person for this July early birds will receive receipt number in couple of weeks from now.
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pappu
05-11 01:09 PM
http://www.npr.org/templates/rundowns/rundown.php?prgId=3
has some other story
NPR Program Stream
link on http://www.npr.org/
plays something else rt now
has some other story
NPR Program Stream
link on http://www.npr.org/
plays something else rt now
kumhyd2
07-22 02:25 PM
Think before you post. People look into the threads based on the heading and your post which is irrelavant to the original post doesn't make any sense. May be look for the appropriate thread and post in there.
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.
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.
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GCNOMAD
03-07 01:51 PM
Hi,
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
more...
pappu
06-05 11:52 AM
no, no....it does not make me feel any better...
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
alisa
08-03 10:45 AM
I am starting this thread for people who are still waiting for their I-140 approvals.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
more...
smuggymba
09-15 09:52 AM
Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.
so, with 1000 ppl...20 per months. = 20K.
so, with 1000 ppl...20 per months. = 20K.
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GoneSouth
04-17 06:42 PM
This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
more...
averagedesi
08-23 09:49 PM
I will be surprised if I am the only unlucky guy
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h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
more...
chanduv23
05-27 11:50 AM
I would like to share my I485 experience.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
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jsb
08-31 09:43 AM
Is it Received date or Notice date?
There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).
Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.
Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.
There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).
Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.
Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.
more...
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desi3933
06-25 02:07 PM
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
1. What was your original I-94 date before H-1B amendment was filed by Company A?
2. What was amendment for?
3. Why H-1B amendment was denied?
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
1. What was your original I-94 date before H-1B amendment was filed by Company A?
2. What was amendment for?
3. Why H-1B amendment was denied?
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
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satishku_2000
08-01 05:09 PM
I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
more...
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qualified_trash
06-29 03:13 PM
Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
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dionysus
01-28 08:31 PM
I just applied for a PIO card for my daughter. I did not even know that there was any other option available.
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InTheMoment
07-11 10:37 PM
With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
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sportsguy131
07-31 02:43 PM
My Grandfather applied for my mom in Family Based GreenCard under First Preference category.
He filed -
I-130,
his citizenship forms
He filed -
I-130,
his citizenship forms
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lostinbeta
10-04 12:10 AM
Ok, Hold the CTRL key on your keyboard then click on the layer that contains your original rectangle.
Like where it says, make sure you have the marquee tool active in the tools menu on the left side, otherwise the rest won't work. The marquee tool is the first tool on the upper left hand side. It is a dotted rectangle.
Press the up arrow once and the left arrow once (on your keyboard)
Create a new layer...self explanitory
Fill it with white... self explanitory
Hold CTRL again and select the layer with your original rectangle again. Like you did earlier in this step. Make sure the new layer you created with the white fill is still active (it will be blue or something ,you will know if it is selected).
Hit the delete key on your keyboard (or go to edit/cut or something, it also might be backspace on a MAC).
Deselect with CTRL+D - self explanitory
Now the next part of this I don't really agree with. Just keep the lines layer selected and use the down and right arrows on your keyboard to move it into place so it looks like the image in the tutorial.
Hope this helps. That was only step 2! If you have any questions about the other steps, just post I guess :)
mmm, photoshop......... its the best. I eat it for breakfast, lunch and dinner:)
Like where it says, make sure you have the marquee tool active in the tools menu on the left side, otherwise the rest won't work. The marquee tool is the first tool on the upper left hand side. It is a dotted rectangle.
Press the up arrow once and the left arrow once (on your keyboard)
Create a new layer...self explanitory
Fill it with white... self explanitory
Hold CTRL again and select the layer with your original rectangle again. Like you did earlier in this step. Make sure the new layer you created with the white fill is still active (it will be blue or something ,you will know if it is selected).
Hit the delete key on your keyboard (or go to edit/cut or something, it also might be backspace on a MAC).
Deselect with CTRL+D - self explanitory
Now the next part of this I don't really agree with. Just keep the lines layer selected and use the down and right arrows on your keyboard to move it into place so it looks like the image in the tutorial.
Hope this helps. That was only step 2! If you have any questions about the other steps, just post I guess :)
mmm, photoshop......... its the best. I eat it for breakfast, lunch and dinner:)
gultie2k
07-02 09:19 PM
Thanks for your replies.
My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.
My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.
vjkypally
09-14 04:48 PM
Seeing the interest for this Poll I think most 2004 cases are already approved. Remaining should be cleared this month or next month for sure.
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