whattodo21
12-15 11:23 AM
I filed for my ead in late september, got an rfe in mid nov, sent papers but see no change in status. how long does it take with an rfe to get ead? my 90 days are nearing and I am afraid with the holiday season coming, that I might not get in time. I have contacted my congressman, ombudsman's office can't do anything yet. what can be done?
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snathan
06-16 10:32 PM
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
RandyK
06-10 10:36 PM
Can anyone care to take a guess at this please. Especially seniors who are pretty familier with the backlog.
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
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Alabaman
04-22 05:34 PM
I read through this proposed legislature and there is absolutely nothing to worry about.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
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anilsal
07-15 09:22 PM
does not have FP requirements. Correct?
priderock
08-13 04:09 PM
Just curious, why would any one file again just because they did not get the receipt for the first one (unless there is a legitimate concern like no Fedex/currier tracking for the first one , change of conditions like have second/better LC etc)?
What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??
What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??
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quizzer
08-14 07:42 PM
I have a pending AOS (I-485) application
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
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Libra
01-11 12:33 PM
bump
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Lisap
08-23 06:01 PM
I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.
Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.
But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.
My point here is that:
1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".
2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.
3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.
Good Luck to all of you
Very well said. Thank you for the support- I appreciate it.
Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.
But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.
My point here is that:
1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".
2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.
3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.
Good Luck to all of you
Very well said. Thank you for the support- I appreciate it.
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JunRN
12-20 01:37 PM
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
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mikoo
03-28 12:13 AM
would congress reps meet sombody who is resident in another congresstional district ?
is their a way to reach out to neighbouring district's congressmen ?
is their a way to reach out to neighbouring district's congressmen ?
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mugwump
01-05 02:52 PM
lol, i see fantasies are growing. A person may not have mother-in-law at all - why can't he marry to both: daughter and mother?
i guess the formula becomes 0<=x<=20... this is sick...
I beg to differ, he can definitely marry both, mother and daughter, but will end up with atleast one mother-in-law. the grandmother:)
so it should be more like: 1<=x<=20
hope the poor soul isnt reading all this!!!!!
i guess the formula becomes 0<=x<=20... this is sick...
I beg to differ, he can definitely marry both, mother and daughter, but will end up with atleast one mother-in-law. the grandmother:)
so it should be more like: 1<=x<=20
hope the poor soul isnt reading all this!!!!!
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pom
02-10 03:01 PM
Originally posted by Guig0
how come we have more votes than posters? :-\ Maybe Eilsoe cheated? :evil:
how come we have more votes than posters? :-\ Maybe Eilsoe cheated? :evil:
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gcseeker2002
07-19 11:55 AM
If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
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newcomer
06-23 04:57 PM
I beg to differ with your opinion about using the walmart bags are trash bags.
One of the reason that I can think of is...
There are apartments where kitchens are so small where you are forced to buy small trash cans and stuff them under the sinck.The best way to fit these can's is with Shopping Bags, not with 5 or 10 gallon's garbbage bag.
Brahmam and Company -
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
One of the reason that I can think of is...
There are apartments where kitchens are so small where you are forced to buy small trash cans and stuff them under the sinck.The best way to fit these can's is with Shopping Bags, not with 5 or 10 gallon's garbbage bag.
Brahmam and Company -
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
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stang20874
03-22 12:01 PM
I live in Montgomery County, Maryland. Who else? Let us team up please.
more...
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bkarnik
04-10 08:29 PM
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
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prioritydate
08-06 01:08 PM
Did anyone got LUD on their I-140? I have an LUD on my I-140 on 04/20/2008. Most of the people got their LUD on 07/13/2008.
Can someone please confirm if they have an LUDs in April 2008?
Can someone please confirm if they have an LUDs in April 2008?
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dtekkedil
07-06 04:37 PM
Hello everyone!
Forward the times of india link to your friends! Spread the word!
Forward the times of india link to your friends! Spread the word!
helloh1
01-26 06:17 PM
hello friends...please be noted that the duration of employment with the company is not mentioned in the clause. Please read it carefully... its says that WHENEVER you leave the company, you will have to pay any training costs that you have availed in previous 12 months.
So tis means that if I decide to leave the company after 3 yrs of employment with them then also this clause is applicable to me.
Please advise me....should I sign this contract or not?
So tis means that if I decide to leave the company after 3 yrs of employment with them then also this clause is applicable to me.
Please advise me....should I sign this contract or not?
Sakthisagar
10-27 09:21 AM
From from the article. "On wooing back Indian talent, Murthy said there was no need to increase their salaries by 50 times to ensure this. But their lives could be made easier by providing schools, making sure that power condition and commuting is reasonably all right " Looks like he wants to still have the "less expensive" advantage over non-Indian companies / competition and he just wants more and easy H1B's and does not like the path to permanent residency and eventually citizenship and integrating with the American society - which is what American immigration is for. Just need the $$$. Though there are many good to learn from this company and this man, I do disagree with his views when it comes to immigration to USA.
To summarise: - Mr.Murthy is saying let all scape goats come to Infosys and get H1 or L1, and we may use you in whatever way we want, by showing some never attainable goals. and use it as chop shop material, get your tax money also as profit while you are in USA. give accomodation in one hotel room with 4 or less people or in an apartment 2 familes in 2 bed room apartment with a one rental car together!, Any way He want to still make $$$$ that is purely evident. by hook or Crook!
To summarise: - Mr.Murthy is saying let all scape goats come to Infosys and get H1 or L1, and we may use you in whatever way we want, by showing some never attainable goals. and use it as chop shop material, get your tax money also as profit while you are in USA. give accomodation in one hotel room with 4 or less people or in an apartment 2 familes in 2 bed room apartment with a one rental car together!, Any way He want to still make $$$$ that is purely evident. by hook or Crook!
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