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  • vvpandya
    05-18 05:51 PM
    Bender's Immigration Bulletin (http://bibdaily.com/)





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  • jsb
    02-24 03:10 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    As many have said, no need to send anything to USCIS, unless asked for. If needed, get a job description (without your specific title), which has more words as in your original LC. Describe computer programming related activities, which may include managing computer applications, design computer systems, analyse computer design models, etc. etc.

    As some said, as long as you are in the same field, you are ok. Even if you are called a manager, your job requires knowledge of computer system designs, programming, etc. USCIS is lenient in this regard.





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  • sac-r-ten
    04-26 11:18 AM
    Sorry for your situation. Its tough for you. Guess you need to move out of country since the basis of extension (labor) is also in jeopardy. As someone said, consult a good lawyer quickly.

    Good luck.





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  • 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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  • GoneSouth
    07-05 11:31 PM
    then outsourced jobs will come back to USA

    Oh? Who are they going to hire? ;)





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  • GCeffect
    10-10 03:10 PM
    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006



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  • semiGator
    01-07 09:38 AM
    Not sure if this help, but... http://www.uscis.gov/files/pressrelease/Public.pdf





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  • krishmunn
    02-10 09:47 AM
    Krish,

    it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

    HRPRO

    I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.



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  • Abhinaym
    09-12 12:57 PM
    Lets start IV wiki then....
    and people here who are going through the process can contribute to it first hand.... coupled with moderation form admins.

    What say IVians?

    That sounds like a solid idea! We should be able to edit existing and new wikipedia entries showing our woes.

    Of course, we'll have to write it so that the text appears balanced and unbiased.

    Once again, this will show strength in numbers. BTW, how will moderation from admins work? This will have to be group work, with constant refinement.





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  • chanduv23
    11-18 03:11 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters

    Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.



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  • hemya
    08-21 09:15 AM
    If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.

    Hope this helps.

    Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number





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  • martinvisalaw
    10-21 04:30 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.



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  • neeidd
    10-09 06:04 PM
    What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know


    Thanks





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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so 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 are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    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:

    DHS - 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. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

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

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * 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:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * 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
    * 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 DHS-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. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    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.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)



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  • nashdel
    04-06 11:26 PM
    I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.

    He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).

    You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.

    Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.

    After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.

    However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.

    She asked me to check status on line at NEw delhi embassy website.

    Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.

    I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.

    Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.

    By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.

    Hopefully that helps you in your difficult times.





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  • nshalady
    08-26 01:20 AM
    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

    Hi everyone:


    I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.

    What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.



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  • GCBy3000
    07-26 04:32 PM
    only Pappu / LogicLife could change the poll questions at this time. They have already changed some.

    Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
    Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
    At least that way you'll get better data to work with for analysis.





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  • I_need_GC
    10-14 08:57 AM
    Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.

    Yes you can file for AP your self, its as easy as filling out the form.

    The stamps having nothing to do with the renewal.

    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006





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  • mayitbesoon
    07-10 04:36 PM
    Similar issue here.

    I have been working with my company on EAD for last 6 months.
    I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.

    In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.

    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.





    check_name
    07-24 07:35 PM
    I'm a new comer... I would like to contribute if I could...but what's IV?

    sorry that I was away the past weekend, thus the late reply

    Hi,

    Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.





    Kven24
    03-08 09:25 AM
    Great logiclife. That's spirit! Let's all give it a big push! Also if you need my help let me know. I have some ideas I am sure will work. Send me a PM and we will see how we can work together.