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smartboy75

08-14 11:56 AM

Hi All

Just wanted to share my exp as I had been to Biometric appointment yesterday.

I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....

I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....

Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....

Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....

What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????

What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....

Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...

Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....

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Her mother, Gerda Theron,

WithoutGCAmigo

06-07 05:37 PM

sorry my friends; 'm not understanding;when i viewed immigration voice last time you were all supporting it now you are against it. i'm quite confused:confused: :confused: :confused:

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raysaikat

07-13 02:36 AM

Hi Raysakat

Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)


You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).


while she is on F1 or wold it lead to conflict in visa status?

As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.

SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks

Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.

As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.

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Charlize Theron

ravi98

04-23 08:21 AM

Pelosi reconfirms taking on immigration, but the Senate has to start it. She went on to say, the House passed climate and energy legislation last year, but it has not acted on immigration reform.
�If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�

Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)

Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�

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sriramkalyan

02-25 10:06 AM

GOOGLE - MVA

go get info there !

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gc_chahiye

11-29 03:33 PM

My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.

But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.

Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.

and This how each year of transcripts look like

Physics1
Maths1
Geology1

Physics2
Maths2
Geology2

Physics3
Maths3
Maths4
Geology3

I don't know how can he miss Maths from this.


Does any one else heard/faced a similar issue in the past.

What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...

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gcisadawg

04-16 11:11 AM

bbct & vin13,

Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.

Thanks,
GCisaDawg

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kanshul

02-01 07:46 AM

Please update your profile.

Did you file I485 (AOS) application?

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Rajwaitingon140

11-21 12:43 PM

Yes mine processing date is 21st DEC and EB3 and also LUD is JAN'8'2007

if I don't see any update on my case I will wait for one more processing time update and then I can ask my Attorney to proceed for SR.

Thank you guys this is great help.

Thank you
Raj

Raj,

SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.

As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.

it's a simple process and lawyer should be knowing how to handle this.

I see people getting decisions within 30-45 days after SR.

Mine came in about 27 days.

let me know if you have any questions.

Thanks

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abhishek101

06-02 08:37 AM

I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.

Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.

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spouse485

01-10 05:18 PM

Thanks so much for all the replies.
I'm going to follow the links provided.

Should your bank statements reflect specific minimun balance ?

Thank you.

does anyone have an answer

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hiralal

08-08 03:03 PM

good post ..actually H1 program has become like a witchhunt (for better or not) ..I heard similar stories for those in cognizant (I thought it was a good company but I remember reading some postings which were contrary to my thought ) . one of my friend is having trouble with h1 extension ..it keeps getting denied.

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bombaysardar

07-22 06:21 PM

If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

Confirm with the co lawyer also.

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prem_goel

07-29 07:36 PM

Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.

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ras

04-10 03:31 AM

How many days did the response delayed?

Is the decision by USCIS being taken before the response was reached?

Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?

I guess, this would help analyse the situation

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uslegals

08-20 04:12 PM

Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!

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STAmisha

11-17 12:51 PM

My lawyer thinks they have not even started looking at TR applications.
He told me that he will file RIR conversion. What exactly is the procedure?

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PD_Dec2002

03-08 11:18 PM

Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

I am also copy pasting the same content if you cannot open my link.

How to record departure from the United States after the fact.
Question: I did not turn in my I-94 when I left the U.S., what should I do?
Answer:

If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.

If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

* ACS - CBP SBU
* 1084 South Laurel Road
* London, KY 40744

Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.

To validate departure, CBP will consider a variety of information, including but not limited to:

*
Original boarding passes you used to depart the United States;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
*
o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
o Dated bank records showing transactions to indicate you were in another country after you left the United States,
o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.

Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

Regards,
Jayant

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raysaikat

03-06 05:47 PM

Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.

The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.

Here is the exact language of the law from 8 CFR:

"(iii) Criteria for H-1B petitions involving a specialty occupation.


(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:


( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;


( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;


( 3 ) The employer normally requires a degree or its equivalent for the position; or


( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.


(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:


( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,


( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,


( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and


(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:


( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or


( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."

More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)

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loveiv

06-18 05:11 PM

someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant

This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.

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monkeyman

10-19 09:07 AM

Q : What if I need advance parole? NEW

We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.

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