corba
05-07 08:52 AM
I went to Chennai US consulate for my 7th year H1B visa stamping. Without verifying any of my docs which took it with me, VO just issued 221g green slip and asking all petitioner's docs....
Here is more detail about my case.
1. I am working for a small company < 50 employees as a full time employee, since 2005.
2. I am the only one H1B in my company ...
3. My company was acquired by our competitor and name got changed ...
Here are my concerns
1. If they have any concern / doubt about me / petitioner, Why dont they clear it before approving I-129? Now DOS is sending back all the 221g cases to USCIS only for further verfication. So does it mean USCIS is not doing enough verification before approving I-129?
2. Can IV team / Experts help to rectify this too much of back and forth b/w USCIS and DOS?
3. If my visa is rejected, How do I vacate my apt, selling my car?
4. What will happen to my son's school? i.e. How do I transfer or continue his education in India...
5. I would suggest all the H1b people to think twice before going for visa stamping in India.
If anybody in similar situation, Please share your exp here ...
Here is more detail about my case.
1. I am working for a small company < 50 employees as a full time employee, since 2005.
2. I am the only one H1B in my company ...
3. My company was acquired by our competitor and name got changed ...
Here are my concerns
1. If they have any concern / doubt about me / petitioner, Why dont they clear it before approving I-129? Now DOS is sending back all the 221g cases to USCIS only for further verfication. So does it mean USCIS is not doing enough verification before approving I-129?
2. Can IV team / Experts help to rectify this too much of back and forth b/w USCIS and DOS?
3. If my visa is rejected, How do I vacate my apt, selling my car?
4. What will happen to my son's school? i.e. How do I transfer or continue his education in India...
5. I would suggest all the H1b people to think twice before going for visa stamping in India.
If anybody in similar situation, Please share your exp here ...
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suavesandeep
07-14 03:38 PM
As others mentioned, If you apply for J1.. Your husband wont be able to apply for 485 for you for SURE unless you are done with J1 Waiver. You may also potentially jeopardize your husbands 485 application because USCIS may find out that you(spouse) are on J1 even if he does not apply 485 for you. I am not sure about this point thou, You may want to confirm with a lawyer.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
vivid_bharti
05-26 11:29 PM
Very nice!!!! You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
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bsbawa10
04-18 07:41 PM
I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.
more...
bvibhu
03-03 10:51 AM
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.
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.
rajeshalex
08-14 07:47 AM
count me too..
Eb2 pd dec 04
Eb2 pd dec 04
more...
fuzzy logic
07-20 03:15 PM
In Chicago
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snathan
02-11 12:17 AM
Please contribute....
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
more...
abhijitp
07-06 09:28 AM
Hey, I just added this one line to the composed content and sent it to KXAN news Austin to a immigrant reporter who highlighted legal immigrant document woes (for Mexicans though) yesterday night. He replied quite promptly.
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
Great job friend! Thanks!
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
Great job friend! Thanks!
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desi3933
03-04 01:17 PM
From what I know TN visa is not dual intent like H1B.
This is correct.
So you can't continue processing your GC when holding a TN visa.
This is NOT correct.
I-140 Filing Not Dispositive for TN - NAFTA TN Lawyer - Brian D. Zuccaro - Buffalo, NY (http://www.naftatnlawyer.com/i-140-filing-not-dispositive-f/)
[From the link]
The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay if the alien�s intent is to remain in the United States temporarily.
_______________________
Not a legal advice.
US citizen of Indian origin
This is correct.
So you can't continue processing your GC when holding a TN visa.
This is NOT correct.
I-140 Filing Not Dispositive for TN - NAFTA TN Lawyer - Brian D. Zuccaro - Buffalo, NY (http://www.naftatnlawyer.com/i-140-filing-not-dispositive-f/)
[From the link]
The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay if the alien�s intent is to remain in the United States temporarily.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
Vlora
10-26 09:01 AM
[QUOTE=qplearn]If the name check happens before the 485 process is cleared, great! If not, you wait for the name check; lots (and believe me tens of thousands) of people belong to the second group. Since this forum mostly has people stuck in the process at earlier stages, you are not going to find too many people with that kind of experience here. [QUOTE=qplearn]
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
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desi3933
03-08 12:41 PM
Why do you assume this is an indian website and everyone can understand hindi. This website has a purpose and if people like you write in hindi you will annoy a lot of people.
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
more...
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s416504
03-18 03:53 PM
In short that forum story as follows :
On 6th Nov 2008....
He thought because of unemployment application, Two(2) Immigration Officers + One(1) State Police Officer came to my house a 6.00am in the morning questioning my �Legal Status� in this country.
But that found wrong reason as per his latest reply on 3rd Mar 2009....Immigration Officera turned to his door due to his Employer informed USCIS about his firing while revoking H1B.
Posted by jklife2006 (40) 03 Mar 2009
Hi All, Went to the Immi court today and returned just now. My lawer had prepared a wonderful document "Motion to Terminate Removal Proceedings" and Pleading document. DHS was presenet. Since there were number of attachments with evidence, the court has given a "Individual Hearing" on July 6th Monday @8:30AM. My lawyer is pretty confident and it should be fine. I am one of the rare cases. I did see the judges list on notice board and did not find even one Indian name other than mine. Will keep all posted when things progress. Thanks for the support. Sheela Murthy okayed Unemployemnt benefit. So if one wants to file, go ahead.
here is the link he is talking about
http://www..com/discussion-forums/i485-1/237011787/
On 6th Nov 2008....
He thought because of unemployment application, Two(2) Immigration Officers + One(1) State Police Officer came to my house a 6.00am in the morning questioning my �Legal Status� in this country.
But that found wrong reason as per his latest reply on 3rd Mar 2009....Immigration Officera turned to his door due to his Employer informed USCIS about his firing while revoking H1B.
Posted by jklife2006 (40) 03 Mar 2009
Hi All, Went to the Immi court today and returned just now. My lawer had prepared a wonderful document "Motion to Terminate Removal Proceedings" and Pleading document. DHS was presenet. Since there were number of attachments with evidence, the court has given a "Individual Hearing" on July 6th Monday @8:30AM. My lawyer is pretty confident and it should be fine. I am one of the rare cases. I did see the judges list on notice board and did not find even one Indian name other than mine. Will keep all posted when things progress. Thanks for the support. Sheela Murthy okayed Unemployemnt benefit. So if one wants to file, go ahead.
here is the link he is talking about
http://www..com/discussion-forums/i485-1/237011787/
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EkAurAaya
07-19 09:58 PM
First of all let me congratulate and thank IV for working tirelessly to bring about this huge benefit for most folks stuck in the green card mess. I have always believed in IV and its power to move mountains. However, in the midst of all this rejoicing, let's not forget a certain class of IV members who will not be able to take advantage of this recent benefit for all practical purposes. I am talking about the folks who are currently single and will not be able to file for their (future) spouse before Aug 17. It seems to me that the best thing that IV can do to bring relief to these folks is to lobby for and effect legislation to exclude dependents from the visa cap, i.e let dependents (or at least spouse) to file for I-485 even when priority dates are not current. I believe this single piece of legislation (if we can make that happen) will have a big effect on the entire community, because that will free up that many visa numbers that would otherwise have been used up, and let folks get their GCs faster (even if they are happy with their EADs and APs). Can IV focus on this front please ?
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
LOL :D
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
LOL :D
more...
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knnmbd
01-25 03:44 PM
They cannot reject...I thaught I exaplained it clearly enough....
Yeah sure you explained it enough, but you have your fact's all wrong.Get your fact's right before shooting you guns.
Yeah sure you explained it enough, but you have your fact's all wrong.Get your fact's right before shooting you guns.
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LostInGCProcess
10-02 10:23 AM
My boss recently changed and the work environment is not good anymore (never imagined this would happen), I am in a constant pressure and no job security. It's a shocker in a fulltime state job.
We bought a house last year needless to say that the prices have fallen. We are now in a dazed state as we just realised we don't have any savings, whatever we had, we made bad choices - house, 2 cars (They looked good at that time though) and put about 10% on the house.
We were planning on to invest all our savings in the house as we recently paid off our two cars and no other debts. But after reading some posts here on the housing and investment market. I am not sure if I want to put everything in the house, having my job at risk and no GC yet.
Being a novice in fianancial matters, need advice.
Appreciate your thoughts on this.
Sorry to here the precarious condition you are living in. Try to be good to the person who is causing the pressure, cause most important of all right now is: You need the income. So, fighting with somebody is not a good idea and its going to hurt you, not the other person who is causing the pressure.
If the price of the house has fallen a lot, then its not a good idea to keep paying for the original price of the house. Talk to the bank, and ask what options you have.
Be prepared for the worst case scenario and start saving so that you have some buffer to make payments for at least 6 months, in case you lose your job.
my 2 cents.
We bought a house last year needless to say that the prices have fallen. We are now in a dazed state as we just realised we don't have any savings, whatever we had, we made bad choices - house, 2 cars (They looked good at that time though) and put about 10% on the house.
We were planning on to invest all our savings in the house as we recently paid off our two cars and no other debts. But after reading some posts here on the housing and investment market. I am not sure if I want to put everything in the house, having my job at risk and no GC yet.
Being a novice in fianancial matters, need advice.
Appreciate your thoughts on this.
Sorry to here the precarious condition you are living in. Try to be good to the person who is causing the pressure, cause most important of all right now is: You need the income. So, fighting with somebody is not a good idea and its going to hurt you, not the other person who is causing the pressure.
If the price of the house has fallen a lot, then its not a good idea to keep paying for the original price of the house. Talk to the bank, and ask what options you have.
Be prepared for the worst case scenario and start saving so that you have some buffer to make payments for at least 6 months, in case you lose your job.
my 2 cents.
more...
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perm2gc
05-22 02:58 PM
Some legal skilled immigrants on H1 will actually do this if the bill passes the way it looks right now.[/QUOTE]
I will be first in line :D
I will be first in line :D
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emmie
12-17 12:31 AM
Thank you very much for all the advices. I wonder if I do need to take vacation around the early of year 2008 and come back approximately October, 08 due to my H1B expiration in April, 08. I wonder if I still need to be employed full time with my current employer during the whole period that I�ll not be in US. Do I need to get pay during that period? Would part time be enough in order to keep the green card process going? Also, do I need to file any applications with USCIS prior to taking vacation in order to let USCIS know that I�ll be taking vacation and I can use that vacation time outside US to extend my H1B until around October, 08. If I have to file, when should be the best time to file it and what form should I use? I plan to leave around the early of February, 08. Accordingly, I can come back around October, 08 and file the I-797 form for H1B extension if my I-140 is approved by then. Please advise and thank you very much.
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praveenuppaluri
08-19 01:40 PM
Kondur, based on your signature, you have 3 active applications in the system. I understand EB1A, thats you sponsering yourself and no labor needed. EB2 with PD 02/08 is employer filed with PERM and I140 and whole nine yards. if I understand it right, EB2 NIW is also something an employer should sponser (or atleast help you with some documentation) and you file I-140 directly like EB1A. I know parallel applications are OK and EB2-NIW or EB1A are surely faster. but is there any reason behind that many applications at same time (other than increasing your probability of atleast one going thru?)..
EB2 India PD 2/08
EB1A: I 140 filed: July 2009. Pending
EB2 NIW: I 140 filed: July 2009. Pending
.
EB2 India PD 2/08
EB1A: I 140 filed: July 2009. Pending
EB2 NIW: I 140 filed: July 2009. Pending
.
grupak
11-20 06:46 PM
My plan is making the following
Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor
Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.
Any other thoughts from your side would help.
Suggestion: Let Corporate America handle H1B quota. They don't need our help. Tying up H1B with GC is only hurting us. We are in IV for GC issues.
Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor
Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.
Any other thoughts from your side would help.
Suggestion: Let Corporate America handle H1B quota. They don't need our help. Tying up H1B with GC is only hurting us. We are in IV for GC issues.
gc_dreamer_485
10-16 08:32 AM
I have a similar question. I have I-94 till Jan 2008 as my H1B visa is valid till Jan 2008. If I file an H1B extension in Dec, is that okay ? I know, approval would not come before Jan 08.
Thanks Andy_garcia.
PD_RECAPTURING,
As long as you have new 797 (which would have the I-94 on it) when you leave the country, you will be fine
Thanks Andy_garcia.
PD_RECAPTURING,
As long as you have new 797 (which would have the I-94 on it) when you leave the country, you will be fine
