horus
10-12 11:49 AM
Your status is in no way tied to the validity of your passport. Making I94 expire with passport is not legally justified. I know two friends who have I94s expiring beyond their passport expiration date. Also, last time I extended my H1B, the I94 they sent expired 11 months after my passport expiration.
But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.
If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...
A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...
Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).
But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.
If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...
A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...
Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).
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ItIsNotFunny
11-13 04:25 PM
Bump.... Someone - atleast 1?
hanu0913
08-13 07:57 PM
Originally Posted by ImmiUser
Hi Ron,
DOS moved the bulletin further for EB2 India. I remember you were telling in earlier blogs that you have got information from DOS that there are only a handful of visas left over. So I am not sure what DOS/USCIS is up to. USICIS is adjudicating all the applications for PD 2006 and beyond while putting the 2004 and 2005 applications in dark.
It would have been much helpful had DOS put forth the no. of visas still left over.
What's your take on the latest visa bulletin.
Thanks
Answer by Ron
They did say that they only had "a handful" of visas left. This advance is not necessarily inconsistent with that earlier statement. In order to use up visas and avoid waste, the Visa Office has to manage the quota to make sure that there are enough applications AND ADJUDICATIONS to exhaust the quota. They have no control over the CIS, but they do have control over the overseas consular posts.
What this tells me is that the CIS is doing nothing (or next to nothing) to use up India and China E2 numbers. By advancing the cutoff dates last month, VO was able to make more cases at overseas posts available for close out. Since the CIS obviously did not use many China/India E2 numbers in July and August, VO has had to advance the cutoff dates again to make enough cases pending at consular posts available to use up those few remaining numbers.
__________________
Hi Ron,
DOS moved the bulletin further for EB2 India. I remember you were telling in earlier blogs that you have got information from DOS that there are only a handful of visas left over. So I am not sure what DOS/USCIS is up to. USICIS is adjudicating all the applications for PD 2006 and beyond while putting the 2004 and 2005 applications in dark.
It would have been much helpful had DOS put forth the no. of visas still left over.
What's your take on the latest visa bulletin.
Thanks
Answer by Ron
They did say that they only had "a handful" of visas left. This advance is not necessarily inconsistent with that earlier statement. In order to use up visas and avoid waste, the Visa Office has to manage the quota to make sure that there are enough applications AND ADJUDICATIONS to exhaust the quota. They have no control over the CIS, but they do have control over the overseas consular posts.
What this tells me is that the CIS is doing nothing (or next to nothing) to use up India and China E2 numbers. By advancing the cutoff dates last month, VO was able to make more cases at overseas posts available for close out. Since the CIS obviously did not use many China/India E2 numbers in July and August, VO has had to advance the cutoff dates again to make enough cases pending at consular posts available to use up those few remaining numbers.
__________________
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kokil
03-05 11:38 AM
Dear Sir,
I have 12 years of experience in IT industry and I have my I 140 approved in EB3 category.
Since I have only 3 years degree from India, I can't file the GC in EB2 category. So I have decided to do postgraduate diploma in IT management from Universitas 21 (http://www.universitas21.com/about.html). I found they are quality education provider but not aacsb accredited. So in that case after completing diploma in postgraduate can I upgrade my GC to EB2 category?
At present I am not worried about the position required for EB 2 filing because I am an architect and can easily switch to different company and get decent salary. But what I realized only job and salary won't help until I have proper education.
So it is my request to appropriately guide me aboud the eudcation perspective whether I am on right path or not. Also is diploma is sufficient or I need to masters too?
For your reference I have attached sample certificate coming out from U21 for the diploma in IT management.
I have 12 years of experience in IT industry and I have my I 140 approved in EB3 category.
Since I have only 3 years degree from India, I can't file the GC in EB2 category. So I have decided to do postgraduate diploma in IT management from Universitas 21 (http://www.universitas21.com/about.html). I found they are quality education provider but not aacsb accredited. So in that case after completing diploma in postgraduate can I upgrade my GC to EB2 category?
At present I am not worried about the position required for EB 2 filing because I am an architect and can easily switch to different company and get decent salary. But what I realized only job and salary won't help until I have proper education.
So it is my request to appropriately guide me aboud the eudcation perspective whether I am on right path or not. Also is diploma is sufficient or I need to masters too?
For your reference I have attached sample certificate coming out from U21 for the diploma in IT management.
more...
clairvoyance
04-17 10:16 AM
What is the safe range of percentage increase in the salary with a pending I-485?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
fatjoe
03-17 12:06 PM
Hi PD:
Greatly appreciate you for sharing this link. Rons post is really an eye-opener for those who lose good opportunies in their career, just to maintain H1 status. "The applicant would no longer be eligible for H status beyond six year. Since the applicant remained in H status while waiting for his AOS adjudication, all of that time would count against the six year limit. The applicant would not be allowed to remain in the US in H status following the AOS denial because that would involve a post-six year stay" is a valid and logical point, which many of us would not have realizewd.
Greatly appreciate you for sharing this link. Rons post is really an eye-opener for those who lose good opportunies in their career, just to maintain H1 status. "The applicant would no longer be eligible for H status beyond six year. Since the applicant remained in H status while waiting for his AOS adjudication, all of that time would count against the six year limit. The applicant would not be allowed to remain in the US in H status following the AOS denial because that would involve a post-six year stay" is a valid and logical point, which many of us would not have realizewd.
more...
go_guy123
01-30 01:08 AM
against the mouse, press it against your forehead and think about the benifits that you milked from this country".
Lot of people didnt milk much benefits....only people who came on F1 and worked as RA/TA probably "milked"
from US
Rest who were working on H1B paid all the taxes same as any american and
got no returns for it.
A whole lot of people milked from "H1B" workers
As a matter of fact H1B worked for far lower wages than the market forces
would decide thereby keeping the cost of IT infrastructure support for the
financial services, insurance, retail etc low just as mexicans work for
below min wages to keep the cost of maintaining the infrastructure low.
Corporate America knows this and thats why they always shout for H1B
shortage , they NEVER shout for EB visa shortage or just do a lip service
because it looks bad.
Lot of people didnt milk much benefits....only people who came on F1 and worked as RA/TA probably "milked"
from US
Rest who were working on H1B paid all the taxes same as any american and
got no returns for it.
A whole lot of people milked from "H1B" workers
As a matter of fact H1B worked for far lower wages than the market forces
would decide thereby keeping the cost of IT infrastructure support for the
financial services, insurance, retail etc low just as mexicans work for
below min wages to keep the cost of maintaining the infrastructure low.
Corporate America knows this and thats why they always shout for H1B
shortage , they NEVER shout for EB visa shortage or just do a lip service
because it looks bad.
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va_labor2002
06-22 03:55 PM
I agree .. this should be tried. I do not know heard about this minister before,
my apologies but by title of Ministry he seems to be a appropriate to apprach
for help.
The Ministry of Overseas Indian Affairs is headed by Vayalar Ravi, who has the rank of a Cabinet Minister. On the administrative side, a Secretary to the Government of India heads the Ministry.
Presently, the Ministry is organized into three functional divisions and three functional units. Of the three Divisions, two are headed by Joint Secretaries. They are the Diaspora Services Division and the Financial Services Division.
The Protector General of Emigrants (PGoE) heads the Overseas Employment Services Division. The Social Services Unit and the Management Services Unit are staffed with officers of the rank of Deputy Secretary. The Information Services Unit is headed by the Senior Technical Director (NIC).
Check out their site;
http://www.overseasindian.in/
Ministry of Overseas Indian Affairs
9th Floor, Akbar Bhawan, Chankya Puri
New Delhi - 110 021, India
Phone Number: +91(11) 2419 7900
Email: contact@overseasindian.in
Indian Embassy in Washington DC
-------------------------------
Chancery
2107 Massachusetts Avenue, NW
Washington, DC 20008
USA - 20008
Telephone: (202) 939-7000
Fax: (202) 265-4351
Embassy Hours: 930 AM - 600 PM
Mr Vayalar Ravi is a good politician. He is very reasonable and educated person from Kerala. He was a lawyer by profession. He can understand our problems !
my apologies but by title of Ministry he seems to be a appropriate to apprach
for help.
The Ministry of Overseas Indian Affairs is headed by Vayalar Ravi, who has the rank of a Cabinet Minister. On the administrative side, a Secretary to the Government of India heads the Ministry.
Presently, the Ministry is organized into three functional divisions and three functional units. Of the three Divisions, two are headed by Joint Secretaries. They are the Diaspora Services Division and the Financial Services Division.
The Protector General of Emigrants (PGoE) heads the Overseas Employment Services Division. The Social Services Unit and the Management Services Unit are staffed with officers of the rank of Deputy Secretary. The Information Services Unit is headed by the Senior Technical Director (NIC).
Check out their site;
http://www.overseasindian.in/
Ministry of Overseas Indian Affairs
9th Floor, Akbar Bhawan, Chankya Puri
New Delhi - 110 021, India
Phone Number: +91(11) 2419 7900
Email: contact@overseasindian.in
Indian Embassy in Washington DC
-------------------------------
Chancery
2107 Massachusetts Avenue, NW
Washington, DC 20008
USA - 20008
Telephone: (202) 939-7000
Fax: (202) 265-4351
Embassy Hours: 930 AM - 600 PM
Mr Vayalar Ravi is a good politician. He is very reasonable and educated person from Kerala. He was a lawyer by profession. He can understand our problems !
more...
anemmani
05-08 10:22 AM
Cobra,
Two years ago, I got a 221g.
I have a MS degree in EE in US and working in the same field. After 4 years on the job, I got a 221g during my 2nd H1B stamping interview.
The wait was painful and the stress was unbearable. After submitting the documents, it took 28 days for my application to be approved. To this date, I do not know what triggered a review of my case.
As long as your documents are legitimate, you have nothing to be afraid about. Your Visa will be granted after somebody from the relevant department reviews your case. Most cases are processed within 30 days after going into review.
This is collateral damage that we suffer as a result of massive H1B fraud perpetrated in South India. They randomly select a few applications to detect and investigate fraud. If the case is legitimate, they approve it. Otherwise, they reject it.
Keep your courage and spend time with your family. Most legitimate employers do not penalize employees who encounter such issues.
Good luck,
Nag
Two years ago, I got a 221g.
I have a MS degree in EE in US and working in the same field. After 4 years on the job, I got a 221g during my 2nd H1B stamping interview.
The wait was painful and the stress was unbearable. After submitting the documents, it took 28 days for my application to be approved. To this date, I do not know what triggered a review of my case.
As long as your documents are legitimate, you have nothing to be afraid about. Your Visa will be granted after somebody from the relevant department reviews your case. Most cases are processed within 30 days after going into review.
This is collateral damage that we suffer as a result of massive H1B fraud perpetrated in South India. They randomly select a few applications to detect and investigate fraud. If the case is legitimate, they approve it. Otherwise, they reject it.
Keep your courage and spend time with your family. Most legitimate employers do not penalize employees who encounter such issues.
Good luck,
Nag
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LONGGCQUE
06-22 12:04 PM
^^^ bump ^^^
more...
zCool
01-10 08:58 PM
labor sub is not neccessarily always bad.
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
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Dj-Studios
05-16 07:51 PM
Ok I'm just about finished. I did two of them but can't decide which one I want to use.:puzzled:. Oh well I'll have one up here real soon in any case. :D
more...
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transpass
08-28 12:20 AM
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Hmmm...If ur 485 is assigned to an IO, then ur EB2...EB3 is Unavailable and ur current for EB2...So IMO, it's EB2...Don't worry...
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Hmmm...If ur 485 is assigned to an IO, then ur EB2...EB3 is Unavailable and ur current for EB2...So IMO, it's EB2...Don't worry...
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gparr
June 8th, 2004, 02:30 PM
I'll throw in my two cents and speak on behalf of the 300D. Though it does not have a metal body or a few other features found in the 10D and others, I find it to be a well-built camera that is more than meeting my needs. I have yet to be disappointed. Of course, if someone walks up to me today and offers to trade a MKII straight up for my 300D, I'll gladly give it up. ;)
If it helps, here's my gallery of images, all shot with a 300D.
http://www.dphoto.us/forumphotos/showgallery.php/cat/500/ppuser/153
Gary
If it helps, here's my gallery of images, all shot with a 300D.
http://www.dphoto.us/forumphotos/showgallery.php/cat/500/ppuser/153
Gary
more...
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sanju_dba
06-25 02:08 PM
Your 797 approval notice will have updated I94 which will supercede your previous I94. The new attached referes to your 797 number starting with "RAC" or "WAC" like that.
You need to submit this one too along with any old ones you have when you leave the country.
You need to submit this one too along with any old ones you have when you leave the country.
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actaccord
03-31 12:06 PM
Done
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GC_hope_2006
11-12 05:08 PM
Hi,
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
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md_alien
04-19 10:34 AM
^^Bump^^
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laksmi
02-17 01:25 PM
If one applied 485 on july/ aug 2007 when he is single and now planning to get married he can always support his spouse to bring her to usa if the person is still working for same H1B employer who have filed his 485 application with out transferring his H1B, he should be on H1B and 489 should be AOS.
rxsimha
03-17 01:15 PM
Thanks for posting this link.
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read,
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read,
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
Pineapple
04-04 10:00 PM
I totally agree with the majority opinion here.
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
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