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  • casinoroyale
    01-31 02:18 PM
    Ok, this is a tough'ie.

    You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).

    That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.

    Consult a lawyer before you take any step.

    Thanks.





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  • seahawks
    06-02 08:43 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?


    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.





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  • ImmiQ
    11-30 07:06 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    Man, you make me laugh :D :D :D





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  • nousername
    11-11 07:05 PM
    1. Logically HUD document should work but again we are talking about Indian government so not sure. Insurance document might not work and I'm almost certain about it.

    2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..

    Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).

    Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.


    My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
    1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
    House Lease Agreement.
    However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
    Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.

    2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
    Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
    Do I need to notarize both the photos from page 1 and page 4? Please clarify.



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  • H1bslave
    10-23 01:36 PM
    Please check you PM.





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  • martinvisalaw
    07-31 05:39 PM
    My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?

    It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.



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  • amulchandra
    02-06 07:39 PM
    That's really nice. Even I heard a lot of success stories like your's. That's the reason I started approaching non-profit organizations for volunteering. But in may case it is working the other way round. May be because I am in to IT.
    But this episode brought my morale down a little bit because for the first time I felt that I am an alien here.
    Anyway I may have to think twice before approaching for volunteering again.....





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  • Cataphract
    05-25 08:53 AM
    I just read this article in the paper today and wanted to share it with all of you.

    It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.

    No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.

    I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.

    I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.

    I think we have a very good chance getting it published in one of these papers and it will have a huge impact.

    This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.

    Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.


    http://www.nytimes.com/2007/05/25/us/25poll.html?hp

    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews


    For some reason my uploads of PDF's failed, so I am adding links.



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  • sathishkrish
    05-19 08:05 PM
    There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!





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  • gcdreamer05
    10-02 01:47 PM
    I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.

    Thanks

    RFE one pending 485 or RFE on what, please clarify...



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  • mdross2
    11-16 01:19 PM
    Hi All

    I have a query, Maybe some of the experts here can help me out.

    1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
    2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
    3. In 2006 I switched to company C. (I have the original for I-797A)

    All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.


    Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)

    Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?

    Thanks.





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  • waitingimmigrant
    10-21 05:34 PM
    hypocrites-par-excellence.... quiet amazing....



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  • coolgc
    05-08 02:51 PM
    Thank you, Dallasdude!





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  • Sandeep
    02-01 05:19 PM
    Enabling The World's Most Talented Individuals To Put Their Skills To Work For America Will Increase Our Productivity, Improve Our International Competitiveness, And Create Many High-Paying Jobs For Americans. The President supports (http://www.whitehouse.gov/news/releases/2006/01/20060131-5.html) attracting and retaining the best and the brightest high-skilled workers from around the world by reforming the Nation's immigration system, while maintaining national security priorities. The President's comprehensive plan for immigration reform meets the needs of a growing economy, allows workers to provide for their families while respecting the law, and enhances homeland security by relieving pressure on the borders



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  • ronhira
    09-16 08:09 AM
    I had to go through secondary inspection which took about 20 minutes at JFK.IO only verified and stamped AP. No other documents were requested. To be on safe side, I carried Pay Stubs, Education Documents and Office Identification card.

    thanks urpal..... i'm juggling between possible approval of aos, pending ap application, planned trip outside the country and ac21.... u'r notes r helpful for me.....





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  • scorpioduo
    04-16 03:58 PM
    EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.

    I agree with GC Struggle here....



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  • sam_hoosier
    11-27 10:03 AM
    My lawyer has told me that the 180 days is from the receipt date i.e. August 3rd in your case.





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  • gcretroiv
    04-26 04:56 PM
    Brownback rescinds immigration bill support

    http://washingtontimes.com/national/20070425-110212-8486r.htm

    Look at this story. Sen Brownback, who supported last year senate passed CIR, now turning back. Sen. McCain already back off.

    "I would not vote for the same bill," Mr. Brownback told reporters yesterday morning, saying that after the bill passed the Senate he had a chance to study its effects and decided it led to too much immigration.
    It's a major reversal for a man who is listed as one of seven original sponsors of the bill, along with Sen. Edward M. Kennedy, Massachusetts Democrat, and Sen. John McCain, Arizona Republican, who spearheaded the bill.





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  • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





    ramus
    07-02 09:50 AM
    Please study IV first and then raise any question.



    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.





    blogger
    06-24 10:01 AM
    Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.

    We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.

    Will this cause any problem during background check?



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