الخميس، 9 يونيو 2011

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  • sunny1000
    11-29 08:15 PM
    I was in a similar situation.. not exaclty the same...
    I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.

    - I called my unversity and asked them to send me a detail syallbus of the courses I attended
    - A letter from a third part evaluator
    - An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
    - A detailed letter from the attorney.

    looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.

    Just out of curiosity, how can they issue intent to deny to an approved 140?




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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)




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  • tabletpc
    03-18 01:40 PM
    rrk,

    you ned to be more specific about your situation in order for us to give our 2 cents.

    1. Did you get EAD thru your spouse...???

    2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.




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  • sid_das
    04-21 06:34 PM
    hey starscream

    - What was the RFE about?

    In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.


    - Are you employed by a consultant or employed full-time at a company's location?

    I am employed by a desi consulting company.. and i have been in a job continously since jan 2006

    - Did your employer have any profit isseus / layoffs reecently?
    No

    - Is your employer TARP funded?
    No
    - Do you have your EAD?
    No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.

    Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...

    its driving me crazy....:(



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  • mchundi
    12-17 08:42 PM
    Most of the states had processed RIR cases till May 2002. N.J (05/2002) and
    NY (10/2001) before all the applications were sent to BEC. So most of the
    Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.

    It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
    causing these delays. How many percentage of EB1 , EB2 , EB3
    (Employement Category) applications might be in this process. ? If there are
    less number of applications then Processing Dates may move forward to
    2002 / 2003 for India.
    Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
    If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
    Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
    What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.




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  • miamivice4u
    04-10 07:40 AM
    But he can not loose our hopes, remember this, for the american people legal inmmigration is Green Card holders, if you are a temporary worker is like they are telling you hurry up pack your things and get back to your place, and the congress will try to work legal and illegal immigration at the same time, probably they will increase visas, but anyways the point is who is making noise in the streets? illegals and their supporters. In my case i contact my senator and my congressman every month asking to please help with comprehensive immigration reform, to help us to create legislation on name check so we do not have to wait years, and well all of them are republicans but all of them are immigrants so they know our pain.



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  • logiclife
    03-08 04:41 PM
    Guys and Gals,

    I am pretty pretty sure most of us have a lot of H1b friends we can talk to about immigration voice and bring them on board.

    Join this effort and make a difference. Joining at the last moment when legislative debate is taking place may be too late a time to join and bring more members.

    Email me at jay@Immigrationvoice.org and you can start helping today. All we need is 45 minutes of your time per day for a few days until we reach a 10,000 volunteer mark.

    Help us make this chain-recruitment work. We cannot have the same few 20 people trying to bring new people on board coz those 20-25 members dont have unlimited friends they know who CAN be involved in this.

    --logiclife.




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  • BECsufferer
    10-09 03:04 PM
    Mate;

    Last year in March end I had an opportunity to go for business trip to Frankfurt, it was technical conference of my company. Just 5 days before the due date, my H1 was to expire. Thanks to this moron in my HR, the whole H1 renenwal was delayed to just 2 weeks before expiry. We paid extra to expedite the H1 renewal, fixed Visa stamping/interview apointment at Ottawa, ON same week as we applied for visa renewal. In-fact I had apointments paid for two consecutive days(friday and monday), just in-case the documents do not arrive on time. And they didn't ( aka Murphy Law) till saturday. So headed out on Sunday to Ottawa from MI. arrived Monday morning, got the visa extended next day. Arrived back in office on Wednesday morning, sent all the documents to Chicago consulate office, with same day delivery. Anxiously awaited to hear-back till Tursday afternoon. Started frantically calling consulate office on Friday Morning. Believe it or not someone did returnback my repeated calls and complained about why I was calling everyone in office and in future try to send application atleast 1-2 weeks before travel. My flight was booked for Saturday 3:00 pm in afternoon and believe it or not I collected my passport with visa at noon!!!:rolleyes:

    P.S: Trip was great and in-fact also got chance to visit Paris!!!:cool:



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  • bbenhill
    01-09 01:03 AM
    so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?

    They don't get free renewal .. they have to pay everytime they renew their EAD/AP. :(

    luckily right now we can get 2 years EAD for every renewal (some conditions apply).

    ps : need more green <hint> <hint> :D




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  • dil_ip3
    02-25 11:12 AM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..



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  • dealsnet
    01-13 02:12 PM
    You can amend the same petition. Tell your company to contact a lawyer to do that. They need to pay $200 fee and lawyer fee. May be needed new LCA for latest salary requirement. With the amended approval, you can stamp for the visa.
    You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.

    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex




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  • ronhira
    02-19 03:33 PM
    when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....

    guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......

    http://www.

    when is fbi planning to arrest & question itgrunt......



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  • newuser
    09-15 01:11 PM
    I am in




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  • Saiom19
    08-09 12:07 PM
    I think "augustus" worry is related to the application acceptance ...what if USCIS sends it back post August 17, 2007? One way to check that USCIS has accepted application is cheque clearance....well we are all in the same boat......Happy sailing!!



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  • fatjoe
    10-24 02:20 PM
    I was told that, if we do not see any activity for 90 days, then we can contact USCIS to raise a Service Request.




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  • glus
    02-27 09:21 AM
    Glus

    That was exactly what I was looking for.

    What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.

    Tks!

    That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.



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  • getgc2008
    08-09 03:12 PM
    I think we will see it towards Aug end... Till then happy browsing the forums.:)




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  • bestia
    07-19 12:18 PM
    Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.

    I read in another forum that 90-day count starts from the received date.

    I am not sure though!

    Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.




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  • abhishek101
    05-16 03:34 PM
    My wife received her green card on Friday so I think it is the latest info.

    It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.

    Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.




    mrsr
    05-25 12:02 PM
    I recently came to know like many desi comanies applying the h1 s for their whole family tree,like cousins, bros, sisters.

    think about them they will sit on the bench forever, also they cannot complain.

    We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.

    I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.

    they also play tricks like one person will take the interview for the other one and so forth.

    Desi consulting is a big mess.

    we should act on it.




    sankap
    07-20 02:36 PM
    Yes, we've been using our marriage affidavit all along--including for getting PR and citizenship of country X.
    hey, so you got h4 by just producing marriage affidavit and not marriage certificate?



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