deepakjain
01-21 03:25 PM
I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
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RDB
08-26 12:09 PM
Nope, you are the not the only one unlucky! Same thing for me, 1 year EAD though PD is not current.....may be that indicates we will get our GCs soon :)
I will be surprised if I am the only unlucky guy
I will be surprised if I am the only unlucky guy
xlr8r
09-15 02:58 PM
This is bizarre stuff.
It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?
Those lazy bums had better get ready for an onslaught of Service Requests. :)
It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?
Those lazy bums had better get ready for an onslaught of Service Requests. :)
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irrational
04-04 11:33 AM
Folks,
Here is some update. Hopefully, someone might find this useful.
Today (4/4/2008) I took an InfoPass appointment in Dallas:
The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.
I thought I would call the TSC first and see if I can get a quicker response:
I called the TSC using the key combo (Thanks guys)
The agent was helpful:
- The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
- My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
- Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)
Key Combo used:
1-800-375-5283
1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4
If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.
Hope this helps someone else too.
Here is some update. Hopefully, someone might find this useful.
Today (4/4/2008) I took an InfoPass appointment in Dallas:
The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.
I thought I would call the TSC first and see if I can get a quicker response:
I called the TSC using the key combo (Thanks guys)
The agent was helpful:
- The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
- My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
- Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)
Key Combo used:
1-800-375-5283
1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4
If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.
Hope this helps someone else too.
more...
BharatPremi
07-17 10:29 PM
DIGG THIS PLEASE:
http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards
http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards
xbohdpukc
09-25 11:59 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
more...
aachoo
09-17 01:11 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
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unit
09-16 04:17 PM
GCProbs,
Could you EDIT the title of this thread from "Need an advise" to "May not work for my GC sponsoring company" (or something similar) so that we can hear more from others who are in the same boat?
thanks.
Could you EDIT the title of this thread from "Need an advise" to "May not work for my GC sponsoring company" (or something similar) so that we can hear more from others who are in the same boat?
thanks.
more...
insbaby
09-15 04:25 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
for couple of days you can try walk on your hands...
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
for couple of days you can try walk on your hands...
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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...
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dontcareanymore
08-24 11:50 AM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
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ryan
01-26 04:38 PM
[QUOTE Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
Thanks[/QUOTE]
Hey there, I guess, I better understand where you are coming from. I would think, generally a more multi-cultural and tolerant town, perhaps NYC or NJ / Philly / ATL or California could better fit what you are looking for.
That said, you'd find the good and the bad in every set of baskets. We can either better educate and make aware, our children, as well as those around us, and / or choose to move, as you may have chosen to do so. Hope that was somewhat helpful. Cheers.
Thanks[/QUOTE]
Hey there, I guess, I better understand where you are coming from. I would think, generally a more multi-cultural and tolerant town, perhaps NYC or NJ / Philly / ATL or California could better fit what you are looking for.
That said, you'd find the good and the bad in every set of baskets. We can either better educate and make aware, our children, as well as those around us, and / or choose to move, as you may have chosen to do so. Hope that was somewhat helpful. Cheers.
more...
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lazycis
12-05 04:25 PM
Correct. PR does not have an expiration date. Even though GC itself has a validity period, failure to renew it does not have effect on your PR.
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mbawa2574
08-05 12:26 PM
Get your Green and be happy bud !! USCIS is a black hole. There is no queue, no FIFO and no accountability. I would rather pay them extra $1290 if they can guarantee that my app would be approved in a specific time frame. I hate to dial that number and talk to those inefficient unskilled IO's and customer service people.
more...
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snathan
09-01 12:55 AM
Hi,
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.
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nagesh75
07-06 04:40 PM
I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
more...
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starving_dog
06-05 07:42 AM
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
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ca_immigrant
02-11 12:08 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
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stupendousman11
01-14 09:36 AM
Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
immi_enthu
09-28 06:01 PM
i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)
when did your application reach USCIS. yes the online date is Notice Date.
when did your application reach USCIS. yes the online date is Notice Date.
gc_chahiye
07-11 08:03 PM
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
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