ursosweet
10-02 08:55 PM
so when is a visa no. allocated?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
villamonte6100
10-05 10:49 AM
hi, Do you know: How recent, which nationality, when was his/her aos filed
Sheela, you must be an aussie?
Sheela, you must be an aussie?
milind70
11-08 05:58 PM
I don't think 655K is a lot. Remember, 655K is for both EB and FB.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
Which year USCIS approved 700K AOS???
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
Which year USCIS approved 700K AOS???
keerthi
04-03 11:01 AM
I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
more...
sunray
10-07 03:57 PM
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
Hermione
09-27 11:09 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
more...
kondur_007
03-16 01:13 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
emshal2
09-09 11:42 PM
mn
more...
Madhuri
05-04 03:51 PM
The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
eager_immi
07-17 03:10 PM
Immigration Voice Announcements
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
more...
ahaadi
01-08 01:46 PM
You can get the passport the same day using tatkaal service but you need to spend the whole day in consulate or you can get it in 3 days.
I got it from NY consulate. Also tatkaal service charges 140 bucks and regular one is 40 bucks.
I got it in a week, I got it from SF Consulate.
I got it from NY consulate. Also tatkaal service charges 140 bucks and regular one is 40 bucks.
I got it in a week, I got it from SF Consulate.
Friend
02-19 09:17 AM
USCIS people rejected the Application. Now the application is with my Attorney. So which option I need to select the for the taking the Info Pass appointment. My Attorney is telling if they accept the application and they put any RFE so that we can take the Info Pass appointment is it correct?
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
more...
paskal
12-20 11:10 PM
/\/\/\/\/\/\/\/\/\/\/\/\
frostrated
10-26 10:58 AM
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
more...
desi3933
07-07 06:18 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
ilikekilo
07-17 02:02 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
more...
h1bemployee
02-26 10:41 AM
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
What is your current LCA salary vs. original LCA Salary?
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
aph0025
11-12 09:41 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
bbenhill
01-12 01:03 PM
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
dpp
10-23 11:57 AM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
WaldenPond
02-24 11:57 AM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.
I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.
Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.
In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.
I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.
This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.
The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.
I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.
Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.
In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.
I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.
This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.
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