Friday, June 10, 2011

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  • h1bnogc
    08-30 06:51 AM
    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.

    Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.

    It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.

    How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?

    thanks for your response...





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  • redelite
    08-25 01:08 PM
    +1

    I totally agree, I'm running out of ideas.. :-/





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  • lazycis
    02-08 09:23 PM
    Thanks all of you for your responses.

    But I'm still not clear about one thing... which center I should file EAD application with?

    I'm in California, My I-140 was approved by Texas service center.
    I-485 was filed with Nebraska but transfered to texas service center.
    Now my I-485 is pending with Texas service center.

    Thanks again...

    USCIS
    Nebraska Service Center
    P.O. Box 87765
    Lincoln, NE 68501-7765

    mail it by priority mail with delivery confirmation





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  • Beemar
    11-04 09:08 PM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?



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  • kirupa
    01-02 06:38 PM
    glos - that is fine :) Feel free to submit it then!





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  • immuser
    11-01 06:26 PM
    I have seen many discussions were people talk about going to Canada, UK etc.

    It is good to know what your options are other than US.



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  • bostonian28
    02-17 08:09 PM
    As far as I can see Yates memo is what is addressing this issue specifically, based on that I think you should be good, i.e your current employer cannot revoke 140 (please see yates memo)......

    It is my opinion....





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  • mrdelhiite
    07-16 08:31 AM
    They are entitled fro thier opinior and so are we as immigrants.
    We are doing a great job so far, but have to do better.

    Long live IV Core and its members!

    I agree :)

    -M



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  • Canadianindian
    11-14 09:16 PM
    The December bulletin is extremely frustrating.

    Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.


    Hello all IV members,

    I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.

    A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,


    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    how about holding another DC rally?

    We have to do some big about all this crap!





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  • logiclife
    07-09 12:48 PM
    Immigration Voice cannot have individual cases that seek funds or help. Its just not the policy. If we allow that then we would have entire message board with just that issue as everyone has problems and some have more severe problems than others. We sympathize with everyone's issue but we cannot cater to individual cases as an organization.

    The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.

    Good luck Vinay. Sorry to cut this short.



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  • GetGC08
    07-31 09:10 AM
    The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.

    Once again thanks for your reply.

    Yes University is very reputed from which I did my Masters & Bachelors.

    Thanks.





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  • pmpforgc
    02-08 11:08 AM
    Thanks for your responses

    I will check for Singapour Airlines deals.

    Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.

    Also as I understand AMSTREDAM does not require transit visa? is it true?



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  • priderock
    07-12 01:23 PM
    TANA reportedly paid Mr Clinton million dollars for the fund raising dinner/speech. I am not sure how it helps though. I have not seen them raise voice to address our issues.





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  • anilsal
    10-30 11:49 PM
    When there is a merger, there are no issues. I am presuming that when there are spin offs, there are no issues. Since you are working for atleast one of the original partners, you may show that it is a spin-off or a smaller firm out of the bigger firm or something like that. I am no attorney.

    Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.

    Get to an attorney at the earliest.



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  • jagan13
    02-21 09:18 AM
    HRPRO,
    I could go in person , but since I submitted it thru mail, I am not sure if they will even give it to me personally. As of right now, i am planning on waiting it out till the end of 8 weeks atleast, which will be the end of next week.

    satishav,
    I am from KY and currently they need to validate all the original documents, proof of address,etc before they issue this blue form, whih identifies the last date of your legal status and the DMV issues the license till that date. I already tried with copied on the original passport but the guy in the administrative office refused to issue the form.

    aaren253,
    Sorry about the lost passport.

    rockstart,
    I believe there were a lot of delays between 09 and 10, based on my research. Lately, it seems to be about 40 working days. Hopefully, my passport has the same processing timeline. As I mentioned in my post, both my checks(application fee and returm mailing fee) were cashed on 24th Jan which to me is still unclear, as my appointment date was on 24th Dec and my documents were received by the embassy on 31st Dec. I am not sure what they were upto with my passport, till 24th Jan.


    Jagan





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  • jthomas
    06-09 12:49 PM
    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas



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  • koppula09
    01-04 02:20 PM
    Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??

    Regards,
    -- Venkat





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  • new_horizon
    08-27 09:30 AM
    Thanks guys for response...
    so basically in short....
    I can aply for visitors visa an visit cananda while my PR is in proceess right..??

    You can visit Canada when your PR is pending, provided you have a valid visitor visa. They'll issue you a visitor visa even though your PR App is pending.
    However once your PR app. is approved, you can only apply for a immigrant visa, and get into Canada as a Landed immigrant. From posts from another thread what I understand is you can return to US soon after you land in Canada as a Landed immigrant. Hope this clarifies.





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  • sunny1000
    11-19 06:23 PM
    Thanks everyone for replying. My I797 shows all the correct dates (ND and RD). Infact, the date online matches the notice date. So, I guess it is ok.





    delhirocks
    07-03 12:21 AM
    Yes, it's my case that just got approved. See my signature for dates.

    Congrats, This is the only positive that came out of this fiasco. Iam sure its big relief for you and potentially 60,000 other filers. Enjoy...





    mbartosik
    03-28 11:10 AM
    For nationality/changeability a ROW category is needed.



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