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Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!

You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.

Yes, thank you, maybe I wasn't clear about it, but I wanted to make sure that the 3 year ban something I will be facing if I overstay the 180 days, not before. I want to stay here with my boyfriend, as I planned until the end on May, but I don't want to do something that will give me a ban...

You can say to your current employer that you want to try out something new, but if it doesn't work out you want to have the option of coming back.

If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?

Hi All,

I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

Here are my questions

1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


PK

YES. I believe that will certainly be re-introduced as one of the measures in 2006

Indio ;
Do you know that is this will be in next Feb. ? and which bill that will include this issue ?
Thanks so much for your reply,,

Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.

I know a friend whose EB2-PD was in 2000. Guess what? He's a US citizen now :)

Please visit

http://www.congress.org/congressorg/mailapp/

enter your address to find the senetor of your area.

Fill up your contact info.

Paste the templet:

I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.

Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.

Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.

Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.

For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.

We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.

Sincerely,


XX

You will receive confirmation from senetor's office.

Thanks

I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

So, Please don't over do. just give only the document that is asked for.

What if one decides to go back to school to get another degree when on EAD, is this possible?

The only issue I see is that you need to have a job lined up when your GC is close to approval and you get a RFE for proof of employment for example - is it a norm to get this kind of RFE or at most times you just get the approval notification for the GC?

Any insight in this regard will be very much appreciated.

I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.

You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.


I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D

if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.

The following are not counted against H1b caps as far as i know, the list may not be complete:

existing visa-transfer jobs

employees of not for profit entities

University employees

J-1 doctors starting an underserved area job

But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.

Crudely stated, I94 indicates the date by which you ought to leave US and is given to you when you land in the US - so you will have a new I94 number every time you enter US. I don't think you should bother about more than two I94s at any time. One will be the one on your passport and the other in your newest H1B approval in case you have an approval after your entry into US. Let's say you are one of the "happy" folks who have to extend H1B every year: So here, when you leave US you submit the I94 from the H1B approval document (I797) that you'd be using to get your visa stamped abroad. When you land you'd get a new I94 that's valid until the date in the I797 (= visa expiry date now in your passport).

Mr. EndlessWait -

You extended your status, not visa. Please get your basics correct.

1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1

Good Luck


Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

----------------------------------
Permanent Resident since May 2002

Is the visa number the red colored number on the visa stamp or something else?

thanks

At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.

The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.

Sure i will let know the employer name. I am just waiting to have my H1B transfer.

MRD

Hello there

I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

Thank you
Chaitanya

Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

Appreciate peoples inputs.

online status is not completely reliable. 2nd level customer service will give u latest info.

Chanduv,

I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

HP

Duplicity of a few greedy souls surfaces again..... we are not cockroaches to be trampled over just because you are at a further stage in the GC line.......:mad:

In this case, GO IV!!!! Huge positive step by IV to unite and help ALL LEGAL IMMIGRANTS AND IMMIGRANTS IN WAITING (students):)

Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.


I agree that one should probably do it for compelling reasons.


I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
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If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!