Wednesday, June 8, 2011

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  • anilsal
    05-12 08:17 AM
    Documents are usually lost and replaced (via duplicates).

    Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.




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  • GCUser1
    09-12 07:30 AM
    Fill this form http://www.dol.gov/esa/forms/whd/WH-4.pdf and submit the form at local office ( http://www.dol.gov/esa/contacts/whd/america2.htm)

    Good Luck !!!




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  • lazycis
    09-24 08:35 AM
    lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?

    It was my case. I received a few responses like that (my I-485 has been pending for 3.5 years). I would not take it close to the heart. My case, however, has been approved before Feb 2008 memo implementing 180-days rule for FBI name check.




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  • nath.exists
    11-02 03:11 PM
    Hi,
    My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.



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  • ardnahc
    08-14 12:34 PM
    for posting USCIS processing times

    https://egov.uscis.gov/cris/processTimesDisplay.do

    NSC - I485 - Sep 15 2007
    TSC - I485 - Aug 30 2007

    Cheers,
    Ardnahc




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  • PD_Dec2002
    07-05 04:32 PM
    From Mathhew Oh (http://www.immigration-law.com/):

    07/02/2007: To File or Not To File, That Is the Question!

    The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
    ---------------

    Thanks,
    Jayant



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  • greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.




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  • ras
    08-26 09:29 PM
    I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.



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  • student79
    04-04 09:18 AM
    Thank you Guru's sharing your expereince here..

    I have one more question, please advise.

    now what if I apply for F1 visa and it get approve say 2 months before her actual class start date. as soon her F1 will get approve she will be on F1 status , so is there any problem she stay on F1 for some period before her actual class start.

    for example her actual class will start from 1st of August 2011 and we apply for her F1 on 1st may and it get approve by 15th May and from the approval date of F1 (15th May) she will be on F1 status. but as said actual class will start from 1st Aug 2011, so is there any problem or illegal if she stay on F1 from 15th May 2011 TO 31st July 2011 (75 days) on F1 without her actual class starts ?

    My wife already have H4 extension which is valid until 2013.

    Thanks,




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  • northstar
    10-09 07:36 PM
    Pretty much in line with what the community was expecting..



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  • sameer2730
    01-25 07:25 PM
    sameer2730:

    I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.

    Thanks.
    In that case I apologize. But of late there has been a spate of such suspicious activity. Look at the number of new threads opened about people being sent back by accounts with only 1 post. Looks at the pointless argument going over between messers snram4 and u.misc. Check their history and make up your own mind. I cannot imagine someone with any semblance of maturity could engage in just hideously low level argument. So obviously there is an agenda at work. To each is own . But please, its funny only if your audience finds it funny and there is nothing funny about the Feb visa bulletin no matter which part of the world you are from.




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  • PlainSpeak
    02-23 10:54 AM
    Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.

    As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room



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  • LostInGCProcess
    02-24 05:33 PM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks

    If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.

    If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.

    However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.

    Chao




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  • sargon
    05-18 11:51 AM
    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.



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  • RadioactveChimp
    04-16 12:00 PM
    thanks for the comments guys and dean
    i dont get waht your argument is about

    all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D




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  • ashkam
    09-06 09:08 AM
    1 : yes you have to file form I-539. Attach copies of her I-94, your I-94, your I-797 and her last two paychecks. Make sure you file this form before her final day at work.

    2 : It will not be against the quota. She can apply for an H1B anytime she wants and can start working once the H1B gets approved.

    3. No she does not need a stamp.



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  • chantu
    06-03 03:27 PM
    I did change of address online...I also provided receipt numbers of 485 and EAD (renewal)...I think i don't have to do for approved cases like (I-140, I-131 and previous I-765 )...Am i right? I also did for my wife..

    You are right. Only for "Pending" applications.




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  • Nabeel
    01-29 03:26 PM
    try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

    Posting this info. provided by some one in this forum long time back.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

    Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

    Some of the standard questions:
    1) Name check Status ?
    2) Background Check Status ?
    3) Has it been assigned to an officer ?
    4) When can I expect to get some updates on my case ?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?

    Ofcourse, we all are aware of the standard response we get.

    Good stuff. Thanks




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  • hazishak
    08-01 09:28 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    hello .....somebody ans meeeeeeeeeeeeee




    arnet
    09-13 02:28 PM
    Started this thread just to encourage us after oct bulletin:

    We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.

    As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.




    tampacoolie
    07-26 08:47 PM
    I was asked by my lawyer to prepare this document in a tabular format. The document is to list my entry and exit dates, I797 numbers and I-94 numbers in a chronological order. He also suggested to decode the entry and exit stamps in my passport and take a copy of all these evidences and placed in chronolgical order. I dont know what the purpose here, I had all documents in scanned PDF and it was easy for me come up with document with right dates.

    Date of entry
    or Extension Approval | Status | I94 Validity date I-94# Exit Date

    XX/XX/XXXX | H1B | XX/XX/XXXX XXX XX/XX/XXXX.



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