celebrity tattoo car

That sucks eberth :(

Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).

Well celebrate any way you want... congrats on your new found freedom after 10 years . :)

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.

If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.

SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________

1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

� However, there MUST be an approved I-140 to access this benefit.

� This benefit does not apply to dependents who have reached 21.

2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

(b) 365 days or more have passed since the filing of an EB immigrant visa petition.

� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

Has anyone gone to Vancouver for H1B stamping? Please share your experience and any pointers. It will be a great help.

Also, I found this on Vancouver consolate website:

"Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "

This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?

Thank you.

Hey,

Lemme share my H1B Visa stamping in Vancouver, BC in July 2006:
1. First of all, you need to fix a Visa Stamping appointment via www.nvars.com.
2. Get a Canadian visa to make your trip to Canada. (I didn't have to do this since I hold Canadian Green Card.)
3. On the appointment date, be atleast 1 hour ahead of your appointment time.
4. Do not carry any electronic items (car remote, camera, etc) and food/liquid.
5. Carry all the relevant paperwork along with cash in US dollars, just in case you wanna pay fees by cash.
6. Present the documents asked for, and answer questions posed by the Visa officer confidently.
7. The attending Visa officer will tell you to go to a particular counter to pay a reciprocity fee.
7. Once the fee is paid, you need to collect your passport with new H1B visa stamped the next day at 3 PM.

You will not be able to collect your passport with H1 Visa stamped the same day. If your paperwork is organized (meaning you have all the relevant documents for H1B visa stamping), you'll get your passport the next day. Normally, it is stated in their printed document that it would take 2 - 3 business days. In reality, you can collect it the next day unless your case requires more investigation (due to any missing documentation, etc) by the US consulate. You should stay there for atleast 2 business days to get your H1B visa stamping done. Getting your visa stamped in contiguous neighbouring country like Canada and Mexico is convenient as opposed to going to your home country which would otherwise cost your more time and money.

Hope this helps.

Contributed More than 100$ recently
Plus the ongoing contribution.

As mentioned above, TRUST ... As you must be aware that IV is only non-profit organisation fighting for our rights. So please extended your helping hand .... !

Yes, it is good for people with latest priority dates. For 2006 and 207 priority dates people, I recommend paying the new fees, it would benefit them on a long run.

You are saying as if one has a choice.
If you file before August 17 then you have to pay the old fee. If you apply after August 17... actually people with the 2006-07 priority dates may not have this opportunity in the foreseeable future unless legislature bodies do something about the retrogression.

Just two cents -

One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.

Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...

If it still gets revoked, you always have MTR option.

try to use a good attorney to do the job, especially if you to go MTR way.

Goodluck

Take one by one and try to answer properly.

1. What is CIS is returning visa #'s to DOS.?

There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

2. How USCIS and Consulate can report unused Visa #'s?

You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.

All these Visa #'s are reported back

3. To me around 20000 such numbers are available for this years quota

4. Can my applications sneak into this #?

Answer is uncertain.

If your have an old priority dates then probability is high

If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

5. What would August VB have?

If they do not approve any July2 filling then here is what they will do

a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD

They are making a decision fast, that the reason Aug VB is not yet published

6. Will USCIS reverse the new decision?

Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

7. How about Law suite?

:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.

State--> Immigration --> Justice are all same with different names.

I have no hope from this process. It's just building a fake hope.

8. People are still filling the application.

Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

There is no guarantee that you will process your application from XYZ law firm in Oct.

If you file now through them, you are bonded with him until you hear some good news from CIS.

There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.


I dont think whatever you are saying is true...

State--> Immigration --> Justice are all same with different names.

Please be careful while you post since lot of people are viewing it.

Can we have a conservative idea of the net worth of all folks in the queue.
It can be a compelling arguement on how much folks have built from SCRATCH in this country.

hai all ,

i dont know where to write this topic , if it is wrong place please excuse me.

i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question

by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.

please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .

those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.

i will really appriciate your help .thank you in advance.:mad:

Since you have EAD , You can take up any job you want/get from the immigration point of view.

Since you seem to prefer the jobs that suite your qualification (B.Tech Computers) , you can take up programming and/or System Analysis kind of jobs. Do you have any work experience ?

Although you can take up a data entry job, it will not generally pay much and you will not be using your full potential (B.Tech)

You can start by taking some training (If you have not done so already). Post your resume in the job sites suggested above. Some companies take people with no experience also as long as you have the potential. My suggestion would be to be honest.

It is better to spread the word in your friend circle that you are looking for a job in certain areas. Some times these personal connections give you good job positions leads.

Improving the communication skills and technical skills in some areas is a good starting point.

Good luck.

Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?

Thanks.

You cannot use current job's experience in any situation
From the above posts you can defintely use the priority date once I-140 is approved and move on.

My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

Thanks in advance for your comments.:)

By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

There is nothing to worry about in your friends case.
If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
As a resident tax filer, these are some of the advantages.
I dont understand why your friends are worried about this.

check this out (http://www.irs.gov/taxtopics/tc851.html)

--------------------------------------------------------------------------

Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

You are considered a resident alien if you met one of two tests for the calendar year.

The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.
-------------------------------------------------------------------------

Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.

Bump up

Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........

Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....

Well Boston USCIS is no better we have experience over there too couple of years back....

Will have to go there again..not sure if Lawrence has Biometrics facility or not....

OOOOOOOOFFFFFFFfffff how much more can I bear..................

SoP

Thanks Jindhal.

I have been working with the Director of International Students office at the university from day 1.

After going through the discussions, and convincing her that my wife can work, she is now asking for law that allows AOS candidates to take up graduate study.

Frustrating!



Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.

AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)

This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.

If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------

http://aila.org/RecentPosting/RecentPostingList.aspx

tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.