vdesai_8
03-31 11:40 AM
Very well written letter. However If you agree here is something I feel should be updated.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
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vardinishankar
03-02 03:11 PM
Thanks Krishna and snathan! That answers most of my questions.
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
logiclife
11-12 07:38 PM
You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?
I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?
I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.
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akred
06-17 05:11 PM
Here is one of my friend in the similar situation planning to do. He is filing 485 without any medical exam. Certainly, he is going to get query and after query you have 40 days (double check this number) to reply. So, he'll get some time to go and do wife hunting.
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.
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coopheal
04-18 07:10 AM
Update:
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
I also had some issues with my medical exam. Lesson learned is to have civil surgeon verify and double verify
the information entered in the exam.
Best luck to you.
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
I also had some issues with my medical exam. Lesson learned is to have civil surgeon verify and double verify
the information entered in the exam.
Best luck to you.
lusuresh
08-27 01:11 PM
I live in the West suburbs (Des plaines)
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pd052009
05-10 11:47 AM
Wondering whether the people who are affected by 221g have gathered to fix this issue? I hope many H1B holders will be ready to join.
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jindhal
08-11 02:03 PM
My priority date is EB3 (August 2005). Last week her status changed to following. The thing is I checked with my lawyer & my employer and both said that they never received any RFE or never responded anything for my wife to USCIS.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
This is not similar to the Op's case. Your case was transferred to the texas processing center because that center processes all cases from the north east or the eastern state, the op's case was transferred to a local uscis office,
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
This is not similar to the Op's case. Your case was transferred to the texas processing center because that center processes all cases from the north east or the eastern state, the op's case was transferred to a local uscis office,
more...
eb3_nepa
10-06 01:10 PM
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Hey common man i LOVED that TV serial :) For a brief 2-3 months it raised visions of me becoming a Forest officer ;) But yeah i vividly remember that serial too. :)
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Hey common man i LOVED that TV serial :) For a brief 2-3 months it raised visions of me becoming a Forest officer ;) But yeah i vividly remember that serial too. :)
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fromnaija
10-04 10:48 AM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
more...
Munna Bhai
11-19 01:28 PM
I received RFE on my 140 on nov 15th. I came to know about this when i checked the status online. It says on Nov 15th we mailed you a notice requesting further evidence . I-140 Receipt date is dec 11 2006. I do not yet know what the RFE is about. How many days does it take for the RFE to arrive normally ??
EB3 or EB2??
EB3 or EB2??
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GC_hope_2006
11-12 05:08 PM
Hi,
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
more...
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angelfire76
12-04 12:11 PM
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
There is already a preferred category for research scientists worth their salt: EB1 with NIW. What's there to say that an IQ test / aptitude test cannot be gamed?
EB2 vs EB3 already has a well defined criteria: job requirements. You could be a Ph.d from a hot-shot university, but may not be able to perform or may not be as valuable to a company as somebody with BS/MS with x yrs of work related experience.
Also if you are truly extraordinary, then it should be a cinch to scale up the corporate ladder and apply for a green card when you've reached a position that can qualify as EB2. No: you want to have your cake and eat it too: i.e. get an early PD and also apply in a faster (is it really now?) category. Can't sympathize with that.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
There is already a preferred category for research scientists worth their salt: EB1 with NIW. What's there to say that an IQ test / aptitude test cannot be gamed?
EB2 vs EB3 already has a well defined criteria: job requirements. You could be a Ph.d from a hot-shot university, but may not be able to perform or may not be as valuable to a company as somebody with BS/MS with x yrs of work related experience.
Also if you are truly extraordinary, then it should be a cinch to scale up the corporate ladder and apply for a green card when you've reached a position that can qualify as EB2. No: you want to have your cake and eat it too: i.e. get an early PD and also apply in a faster (is it really now?) category. Can't sympathize with that.
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hopefulgc
08-13 11:25 PM
wonder why i earned the red mark??
is it too wrong to speak our voice????
is it too wrong to speak our voice????
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Desy
10-07 02:39 PM
Hi Friends,
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
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cc123
09-25 12:41 PM
Mine took 8 days after the online status changed to approved-so don't worry. It's funny, on their website, they said documents mailed on sept 10, but i rcvd them on sept 17th. When i rcvd the AP, i realized the documents were mailed on sept 13-sept -- so don't blindly trust what is online.
There was a black line---uscis printer completely screwed up-and the first line of the address on mailing envelope and the address was completely un-readable. I am not sure how we even got it in mail.
There was a black line---uscis printer completely screwed up-and the first line of the address on mailing envelope and the address was completely un-readable. I am not sure how we even got it in mail.
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bkarnik
01-16 01:40 PM
July 23rd filer. NSC>CSC>NSC. Did not get FP notice and will be travelling to India this friday for 2 months. So called up Customer service and opened SR for both me and wife on December 20. Got appointment for me for Jan. 16th but nothing for my wife in the first week of Jan. Then a week ago got a second set of appointments both for me and wife but now on Jan. 18th.
Anyways, reported to USCIS office in Des Moines today (Jan. 16th) per original letter. Wife accompanied me and I had all the appointment letters with me. Explained to the security guy (a very nice old gentleman) about the situation with upcoming travel, etc. He went and soke with the USCIS manager and she was gracious enough to allow my wife to get her fps done with me. Was out of the place in about an hour. They had a new machine installed and the person from the machine manufacturer was demonstrating how to use to the local staff, so we were all guinea pigs. Scanned four fingers from left hand followed by thumb, then four fingers from right hand followed by thumb, this was followed by each finger individually rolled across the scanner, then took FP of right index finger and asked me to sign (similar to a credit card digital sign box). Took a photo and that was it.
One piece of interest to people who for some reason missed theit appointments and forgot to reschedule. I was informed by the security guy that there is a grace period of 87 business days after your initial appointment date for you to walk-in and get your fps done. However, you need to call the center to find out what day of the week is alloted for walk-ins. (It is Wednesday for Des Moines office).
If you have multiple appointments for different days (like I had), go to the earliest one if possible and get both the notices stamped with the stamp indicating that biometrics were taken on that date.
Cheers!
BKarnik
Anyways, reported to USCIS office in Des Moines today (Jan. 16th) per original letter. Wife accompanied me and I had all the appointment letters with me. Explained to the security guy (a very nice old gentleman) about the situation with upcoming travel, etc. He went and soke with the USCIS manager and she was gracious enough to allow my wife to get her fps done with me. Was out of the place in about an hour. They had a new machine installed and the person from the machine manufacturer was demonstrating how to use to the local staff, so we were all guinea pigs. Scanned four fingers from left hand followed by thumb, then four fingers from right hand followed by thumb, this was followed by each finger individually rolled across the scanner, then took FP of right index finger and asked me to sign (similar to a credit card digital sign box). Took a photo and that was it.
One piece of interest to people who for some reason missed theit appointments and forgot to reschedule. I was informed by the security guy that there is a grace period of 87 business days after your initial appointment date for you to walk-in and get your fps done. However, you need to call the center to find out what day of the week is alloted for walk-ins. (It is Wednesday for Des Moines office).
If you have multiple appointments for different days (like I had), go to the earliest one if possible and get both the notices stamped with the stamp indicating that biometrics were taken on that date.
Cheers!
BKarnik
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psgprasad
03-21 05:56 PM
Dear folks,
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
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h1techSlave
04-09 09:28 PM
How much does a typical lawyer charges for responding to the Employment verification RFE?
desi3933
03-20 08:33 AM
....
....
We never heard about Employer-Employee relationship before 2010.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul082009_01D2101.pdf
[From the pdf link]
On January 3, 2008, the director denied the petition.
....
....
AAO must determine whether the petitioner has established that it will have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee
....
....
Upon review, the AAO concurs with the director's decision. The record is not persuasive in establishing that the petitioner or any of its clients will have an employer-employee relationship with the beneficiary.
_________________
Not a legal advice
....
We never heard about Employer-Employee relationship before 2010.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul082009_01D2101.pdf
[From the pdf link]
On January 3, 2008, the director denied the petition.
....
....
AAO must determine whether the petitioner has established that it will have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee
....
....
Upon review, the AAO concurs with the director's decision. The record is not persuasive in establishing that the petitioner or any of its clients will have an employer-employee relationship with the beneficiary.
_________________
Not a legal advice
sam_hoosier
12-13 09:50 AM
It is a hoax :)
