gopi246
03-20 02:43 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
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katrina
01-04 02:52 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
jsb
08-31 03:00 PM
jsb thanks.
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.
Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.
Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".
There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.
Bottomline is that the whole process translates to Luck.
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.
Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.
Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".
There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.
Bottomline is that the whole process translates to Luck.
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sobers
06-29 01:42 PM
Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
more...
BadDeal
05-20 05:02 PM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
SpookyH1Alien
12-08 06:10 PM
Hi Praveen
I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.
My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case
Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.
I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.
My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case
Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.
more...
prouddesi
10-16 02:57 PM
^^^^
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)[/QUOTE]
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)[/QUOTE]
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designserve
09-04 01:08 PM
IMHO,Since the validity of the 797 starts by Nov 09,thet will take precedence over your entry now.I had a similar issue and asked an online question to
https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.
https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.
more...
gopi246
03-20 12:07 PM
I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
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immi2006
05-31 09:45 AM
My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
more...
Trinity79
04-08 05:00 PM
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
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acecupid
06-09 12:30 PM
Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
more...
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cybercat076
05-15 11:23 AM
USCIS seems to be just requesting EVL for all pending applications. I also got mine recently though I did not change any company. It is better to send it from your current employer.
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svr_76
05-21 07:46 PM
And the other presidential candidates will be from All Indian American Desi Munnettra Kazhagam, the Techie Desam Party, Better Samajwadi Party.
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akhilmahajan
05-14 11:34 AM
RD:- March 8th, 2007
As of 05/14/2007:- Pending.
Labor Jan, 2007.
As of 05/14/2007:- Pending.
Labor Jan, 2007.
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thomachan72
05-26 08:16 PM
Has anybody tried booking an emergency apointment? I was checking that some time back when I wanted to go urgently and it says that it is for people wanting to visit US for urgent family matters and not for people who are currently in the US and visiting home country. Anybody has tried this (going from US to get visa stamped in India in an urgent situation?).
more...
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aillarramendi
11-12 08:45 PM
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I hope this can help.
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shsk
07-19 10:51 PM
Hi,
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
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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....
It is my opinion....
ras
05-24 12:44 PM
You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
Muj@ck0_it
03-11 03:20 AM
I'll cast my vote for paddy...:yes:
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