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Guys,

I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

Congratulations on your GC

A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:

hi anu,
are you going to upload the last thursday's call on the wiki page?

thank you

Doesnt matter.
Past experience shows that finally it doesnt matter.File in the category u r eligible for.

Flying to DC for their GC.............

Happy to know that there are still people who like and know how to make a difference.

And why does your profile say "NO" for the rally?

Liaison International
(Comprehensive Coverage Plan)

All insurance or in same boat.

What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,

They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.

I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?

thank you for your reply.

English equivalent:

There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).

So start dancing, GC will follow.

In my opinion, honesty is the best policy. This was 6 years ago and if you have a clean record ever since, you should be ok (according to me). You committed a mistake, admitted it and learned from it.

On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.

You have to make the choice. Good luck.

I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

Any advice would be greatly appreciated.

I would like to stay in the project through a difference vendor because it is stable for quite long time and I am expecting to be there for next 3 yrs.

I am worried because this Noncompete is between my employer and his next layer. The final layer is client and I will be working for the same client through a NEW vendor.

These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.

IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...

I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.

Hi Leoindiano:

What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.

my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.

Can you enlighten us little bit more.

preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

ur status does not change when your case is pre-adjudicated.

Saurin,

Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.

Ann

I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.

Do it yourself, like I did. It will cost you $350+mailing expenses. You can find many victories on our forum. It works.
http://boards.immigrationportal.com/showthread.php?t=194681&page=600

Here is step by step guide
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps

Hi,

I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.

I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.

Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?

How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.

You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.

Normally the consulate in Canada or Mexico will only entertain an application if the person graduated from a school in the US. The reason being that they can verify the genuineness of the education which is not possible in a situation where the person went to a school in a different country. But if you are already in the US in H-1B status and have a H-1B visa in the passport then you have a better chance of getting a visa.

A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.

You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?

Do not worry not abig deal. Just enter the amounts in $. This year Citi has used Rs 46 per $. Even I did not do it for first four years.

this is the toughest issue ever discussed on this forum :)

I want to apply for my OPT extension. I am currently on 12-month OPT.

I am too close to my deadline. So guys please reply ASAP.

I found 2 contradicting information on USCIS website.. Please help..

USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

Who Is Eligible to e-File This Form

Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

Category 274a.12(a)

.. Blah Blah Blah

(18) L Spouses

Category 274a.12(c)

(2) Dependent of TECRO E-1 Nonimmigrant
(3)(a) Pre-Completion Opt 12 Months
(3)(b) Post Completion Opt 12 Months
(3)(c) 17-Month STEM Extension

Allright so this says WE CAN


Now look at this link

USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


Electronic Filing:

Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

From above it says, WE CAN'T
Any ideas any one ??


Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??

OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date


Thank you..

From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.