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  • bobby
    05-17 07:33 PM
    Contact the USCIS Ombudsman's office directly. http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
    If you search online you should be able to find the telephone number for the main switchboard at DHS in Washington and then ask for the ombudsmna's office. You will probably need to submit your problem in writing with supporting documentation. Weve had a problem where USCIS made an error and have been dealing with the ombudsman's office for over a year. Patience is needed and followup on a regular basis. Eventually the problem will be escalated to senir USCIS staff in Washington for resolution. Be tenacious!





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  • ajju
    02-28 01:33 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS

    I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...

    Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...

    Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...

    But you must check with lawyer...





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  • cygent
    12-31 05:25 PM
    My Friends,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.





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  • vivache
    11-08 01:28 PM
    well .. my priority date is July 2002 .. nd there are 14k eb3 visas wordwide .. until this date.
    I agree it is 7%.
    Either ways .. out of teh annual 119k visas available .. wouldn't 30% .. 40k be available for Eb3?
    In that case .. why is the priority date July 02 ..w hich only accounts for 14k visas .. and not dec 03 .. which would account for 40k visas?



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  • peacocklover
    12-10 07:16 PM
    No politician can understand the pain of long waiting and unknown state of our immigration status in this EB backlog mess ..they are just worried about their vote bank.....We should not surprise if USCIS don't move dates in June or July VB 2011...Instead of waiting for VBs, we have to do somethings to gain support of GC holders and US citizens of our national origin. All of them need to write letters to support our cause through public campaign with the help of human rights organizations. Also, I would think Indian and Chinese business tycoons like Patel brothers need to lobby for our cause to explore their business opportunities for them from our community. We got to do something massive to continuously highlight in mainstream media.

    Please be polite if you have any better idea to share with us..

    EB2I and EB3 I should wait till Jul Bulletin.





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  • sbmallik
    05-14 09:41 AM
    Gaithersburg, Rockville, Deerwood or Aspen Hill



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  • mkrisa
    08-11 10:16 AM
    [QUOTE=sush;136161]EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?

    Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.





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  • redcard
    08-17 03:08 PM
    Sounds like someone at SSN office who may not know much about immigration.
    If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.

    If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.

    Good Luck.

    Thanks redcard,
    Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?


    If your H1 approval notice did not come with the I-94 printed on it, then Canada is definitely an option to get it stamped, however its always better to get the first time stamping done in your home country.

    You could also get your status changed while in US, but that would take additional fees and time. Speak to your H1-b sponsor about it.

    btw, I would still check the approval notice to make sure that notice does not have an I-94 printed on the bottom of it. The I-94 printed at the bottom of the notice will have the same I-94 number as the one you have stapled to your passport, but will now have your status as H1 instead of H4.



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  • venky08
    05-30 06:38 PM
    my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
    so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.

    the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:





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  • a_yaja
    12-17 12:46 PM
    Hi,
    What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
    So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
    While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
    Have anybody got into problems or delays?
    I just want to have the right information handy just in case.
    Please help by sharing the right answer. Thanks in advance

    I think that the total limit is $10K for a family (not person). If I remember correctly, on entering the country, we are asked to fill only one customs form for the entire family - and it clearly states in that form that the total allowed is a max. of $10K per person.

    Having said that, the following are considered to be cash (not fully inclusive):
    1. Traveler's check
    2. Cash
    3. Checks
    4. Money Order
    5. Cashier's check

    The following is not considered as cash:
    1. Credit cards
    2. Debit cards

    So if you would want to send more than 10K out of the country and not want to get into any issues and also be on the safe side, it would be a good idea to pre-load a debit card and then send it with your parents.



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  • whattodo21
    04-20 01:44 PM
    the question is when we march with them, will we be marching for amnesty or for our issues. If we are marching for our issues, where, when and who will we be making this case to? I don't consider myself better than the undocumented, but I would like to know will I have a voice?

    One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

    BTW in politics right or wrong is rarely a consideration.





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  • gsc999
    09-05 06:13 PM
    Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.

    Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.

    As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.

    Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.

    So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.



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  • kaarmaa
    05-04 06:07 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?

    No.

    I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.

    I-140 can be used to reclaim the old priority date.

    Please consult an attorney. I have knowledge limited to my case.





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  • anilsal
    12-20 03:21 PM
    How do you know Lou or Sen.Sessions will even consider accepting the invitation from Jon or Stephen?



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  • t4930pd
    10-20 01:27 PM
    4th grader at USCIS decides the future of highly educated people! What a "JOKE".





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  • brahmam
    05-30 04:35 PM
    Gotta clear backlog Ma' :D

    information retrogression :rolleyes:



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  • rsrikant
    07-20 03:26 PM
    my 140 also is e filed and i received receipt no. in email.

    waiting for the hard copy of receipt notice..

    any idea how long it takes to get receipt notice if it is efiled...





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  • InTheMoment
    06-19 09:32 PM
    You have no option here dear ! NSC is the only place where you would file your concurrent application !

    Check www.uscis.gov/I-485





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  • talash
    10-16 08:28 PM
    As for as i know they are very strict about MTR timings but if u can prove that u didnt get notice on time it may work .MTR is 580 bucks so it wouldnt hurt if u give a shot .I think if u file new labour u may loose ur old PD but im not sure about that .My 140 was denaied on A2p basis .didnt get denail notice till i mad 4 calls and asked attorney to write then but was abl to file MTR on 28th day which was sucessfull .
    good luck





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    knowDOL
    06-19 03:39 PM
    Senthil,

    Let me correct my post. If your I140 is approved and if your I485 is pending, you can come back to H1B status and get three years extension. One of my friend changed company after 6 months he god EAD and with new company(microsoft) he applied for H1B extension and his extension is approved for three and spouse is on EAD. So, that area is fluid you can jump from EAD to H1 and H1 to EAD. The rule is in AC21 section 104(c). You can google it and you will know.



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