Turtle Tattoo Designs

You are a Ray of light my friend. We need more like you to make this place brighter!

Thanks for asking Pushkar. I did.

What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.

Where did you file, TSC/NSC?
Please see above

Folks,

I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.

Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(

Thanks walking_dude in explaining it so well. So, there will be major changes other than the Prez elections this year and next. Lets remain hopeful...:)

There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.


http://www.electoral-vote.com/evp2008/Senate/senate_races.html

And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.

Take a copy of your I140 approval atleast. It is just a sheet of paper when you go for stamping. Sometimes your lawyer can give you a copy of I140 filed papers. This will have information on your company's financials etc.

What is ur PD, ND, RD and Service Center?
I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007

TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.

Good luck to all!!

vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.

Consult a good lawyer.

Is your spouse a US citizen? Do you want to use I-130 based greencard option?

After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

Your priority should be:

1. How to avoid this 180 day situation

2. How to maintain status

-by EAD only
-or by H1 (cap or non-cap)

3. How to attain GC

-By I-130 only or

are there other options

If your spouse is a citizen, usually GC will be done in 1 or 2 years.

You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

Again, a good lawyer will be your best advisor.

frostrated & smuggymba

Thanks for ur replies....
As I am EB3 - MAY 2009....No question of I 485 soon....
thats the reason for the F1....

U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
Whether is the letter of intent makes them believable!!!

Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

Frostrated: College is only giving I 20 rest of the things we have to do ourselves.

140 is on your name and not your wife's. You do not have to show that you are trying to apply for GC. Your sponsorship for your wife is coming from your status as a H1B. IT does not matter how many times you do COS. What matters is the last status you hold, which is H4. B1 to F1 might be an issue, but you dont have to worry about it as your are H4 to F1.

If college is only providing I-20, no problem. Once you get the I-20, you can apply for COS yourself. You will need to provide a copy of the I-20, ability to pay for at least the first year's of study (bank statements and a letter from the bank, your salary slips as the sponsor, a letter from your employer that you are employed by them and the pay that you are getting - dont need to have skill set like in an employment verification letter), a letter from your wife requesting transfer of status to F1 and the letter should also state that she intends to return to her country of residence (India in your case) at the completion of her studies. Make sure you do not mention about any GC related info. The moment you mention that, it raises a flag and might involve the issuance of a 221(g) - intention to immigrate to the US. A student visa is a non-immigrant intent visa and not a dual-intent visa like a H1B.

If you have any questions, send me a PM and we can discuss.

looks interesting....

Is there offered salary criteria associated with this category?
Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.

Clear as mud??, i hope i have explained it well ...

same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home

Hi Guys,

I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?

hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????

Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

I NEED YOUR COMMENT REPLIES.


Dude you are looking at wrong link. Go to this http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

Check what is your PD. Make sure you are looking at right country/category/type. Compare your PD against what is posted here. If your PD is earlier than this date , then only start screaming. Else go in infinite wait loop.

PS : All the best.

Interesting. My Labor says
14) Education BS,
Years of experience 3

15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?

Anything can happen with USCIS. But i think the position's MINIMUM req is BS+3 years exp and that is EB3.

I needed that laugh after the day I've had. Thanks.
Gary
Thank you...thankyouverymuch. I'll be here all week and twice on Sunday. :p

Everyone needs a nice daily dose of humor and I'm not above making fun of myself. :)

Dear friends,

I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.

Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John

Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.

The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

Hope this helps.

CIR does not help LEGALS .. its for people who broke US LAWs

We do not need CIR ..

It doesn't have to be. We should make it ours too!

My Driving license is expiring soon (the day my I94 expires ) ....I have been on H4 till now ....but my husband is on EAD now . When I went to renew my license they asked me to get EAD since my I94 will expire soon . Is that the only way to renew ? Can I file for AP and use that, since I will have to travel to India anyways ?