Tuesday, June 7, 2011

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  • MLS
    06-19 12:37 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.

    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.





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  • $eeGrEeN
    08-02 01:38 PM
    Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.


    Your's is thru' a Bank . My response was regarding a MO thru' USPS.

    I guess that is what the person intended to ask >>>

    "I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"





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  • suny_saini
    07-24 07:20 AM
    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?





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  • uma001
    07-21 06:47 PM
    OP (greenmonster)

    Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
    http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html



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  • GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.


    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.


    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).





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  • abhi2001
    02-25 10:03 AM
    Is Company A Satyam??
    haha..no



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  • ras
    06-04 02:34 PM
    This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.

    Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.

    I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.





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  • newbie2020
    10-05 11:40 AM
    Yes if someone followed closely on EB3Chinese website you would notice they filed a class action suit and still going back n forth with USCIS on that. I would certainly appreciate the Transparency of EB3Chinese on money being spent on lawsuit as well as taking lead on filing a lawsuit.

    If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc

    Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.



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  • LondonTown
    01-08 01:02 PM
    I had my interview on the 30th and my passport has not been delivered yet. The VFS website says that the passport has not been handed over to them as of today. I was not given any 221g slip/form and the VO told me that i should be getting my PP in 5 days, it's been a week now and VFS hasn't got the PP yet. Is there something i should be worried about? I have my return ticket booked for next weekend and i am getting a bit nervous about the whole scenario. Does anyone know if there is any other way to get in touch with the New Delhi consulate?

    Thanks.


    We were exactly in the same situation few months ago. We were told that our visas have been issued and we will get our passports within 5-7 days (no 221g at the time of the interview). After 5 days when we contacted VFS they said wait upto 7 business days. I waited and then they gave me the number of the embassy. When we contacted embassy they said that an email has been sent to me asking more documents but we did not get any emails. We asked them to resend and after 3 days of our request we got their email with a soft copy of 221g(green).

    We wish that similar thing may not happen with anyone as we know the tension of going thru it.

    I would suggest that you call Embassy instead of calling VFS to get the real status. VFS will just tell if they got the passport or not. They can not tell you the reason.

    Good Luck.





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  • arnet
    08-24 05:56 PM
    Instead of posting questions here, PLEASE send it to the email (legal_advise@immigrationvoice.org) with proper format (as mentioned by IV member "sertasheep" in starting of this thread like name, city/state, question....) so that it will be easier for IV team to compile your questions. Just an idea....



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  • we_can
    01-02 04:30 PM
    After the renewal, I got a passport with a new passport number (the old passport is still there stapled with the new one).
    My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?





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  • lskreddy
    08-14 04:44 PM
    Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.

    It does need planning. I am hoping I could find some opportunities here before I decide to take the 'search in India by being there' route, thus my post to ask folks if they know of any such positions.



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  • qtoask
    07-11 11:34 AM
    After the Flower show at USCIS...


    Let's send out Your State Postal Cards. These cards you can get in any gift shops, Grocery, wal-mart.

    The Card Cost and Postage is Less than 1$.


    Address to be sent:

    Emilio Gonzalez
    USCIS
    20 Massachusetts Avenue NW
    Washington D.C. 20529


    Message on the Card

    "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin
    [ first-name last-name ] - An employment based immigrant."





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  • ocpmachine
    06-15 05:09 PM
    I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.

    Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.

    Any ideas for those who got RFE for medical?

    I too got RFE for medical forms. My attorney asked me to get the medical exam redone as USCIS updated the medical exam requirements in 2008, now doctor has to include the x-ray report along with I693(this was not there in 2007) if tbskin test >= 5mm. Given all the changes i got it redone just to be safe and we are preparing to respond to RFE.



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  • jatinr
    09-27 06:50 AM
    Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?

    Thanks.

    FP and 485 will have same receipt number





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  • ksrk
    05-01 08:11 PM
    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?

    What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).



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  • getta05
    03-27 01:10 PM
    Yes Ofcourse it is going to be serious business,
    I mean it is not for the purpose og gaing a GC.
    I plan to buy a franchise as in SUBway, QUIZNOS.

    Is there a minimum # employees that I have to maintain and how soon can I apply for GC.
    Should the employees be permanent.

    Yes I will keep this updated.

    Thank you,





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  • rick_rajvanshi
    07-26 03:38 PM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?


    Please give me some directions.



    Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.

    Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature

    If you want it quicker - just keep running along with your application at all stages. I got it done on the same day

    I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
    Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.





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  • vasa
    07-12 10:25 AM
    how can he say Hail for Natives (he isnt one) Natives are RED INDIANS and not these people.





    american_dreams
    08-27 10:35 PM
    My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.

    Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.

    Usually I have seen both arrive at the same time. Please comment. Thanks.

    I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.





    seahawks
    04-29 10:10 AM
    I would like to send emails to my friends about IV and the cause IV stands for. I know a lot of people who are stuck by retrogession. Is there a standard template to invite friends to join, volunteer and contribute that we can include as a link in this website please?

    vj



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