Wednesday, June 8, 2011

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  • roseball
    02-15 10:51 AM
    Recently, my friend was in a very similar situation. His 6th year was expiring Feb 22nd, 2007 and he had a I-797 approval based on an approved I-140 starting Feb 23rd, 2007 to Feb 22, 2010.

    He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.

    At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.

    So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..

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  • sagittarian
    12-18 12:20 PM
    Please keep this thread handy... For my wife, we went through hell due to super coordination between, immigration & social security office.

    Hi Goel_Ar, thanks for the response. Assuming there is indeed very good co-ordination between USCIS and SSN office, how long does it *normally* take to get the card?

    Any ideas, anyone?

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  • optimystic
    09-29 08:43 PM
    USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.

    If I remember well the processing dates information was more up-to-date earlier.

    So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.

    What can we deduce from this? Is it good? Is it bad? Or no relevance?

    It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.

    Simply more confusion, as if as it is we were not confused enough.

    Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though

    - May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.

    - May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.

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  • senk1s
    06-19 12:05 PM
    A quick question:
    I just have the FRONT side copy of the EAD stored.
    Why do we need the BACK side of the copy?

    Responses will be appreciated.

    It is mentioned specifically in the 765 instructions ... see on Pg 6


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  • Prashanthi
    03-23 01:07 PM

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.

    You can refile PERM labor under EB-2 and file the I-140 and ask for your EB-3 priority date to be transferred. Provided your EB-3 I-140 has been approved and will not be revoked.

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  • h1techSlave
    12-05 10:00 AM
    Below is the comment some body gave me in the rating thingie:

    I think he/she wanted to say more, but the system may not have allowed that.:)

    I think IV community will start working as a coherent team only when we get rid of the Green/Red thingie.


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  • WaitingForMyGC
    01-11 01:39 PM
    Any more suggestions.. guys?

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  • Ennada
    01-29 11:05 PM
    Legalizing unauthorized immigrants would help economy, study says - (

    Washington (CNN) -- Legalization of the more than 11 million unauthorized immigrants in the United States would raise wages, increase consumption, create jobs and generate more tax revenue, two policy institutes say in a joint report Thursday.

    The report by the Center for American Progress and the American Immigration Council estimates that "comprehensive immigration reform that legalizes currently unauthorized immigrants and creates flexible legal limits on future immigration" would yield at least $1.5 trillion in added U.S. gross domestic product over a 10-year period.

    "This is a compelling economic reason to move away from the current 'vicious cycle' where enforcement-only policies perpetuate unauthorized migration and exert downward pressure on already low wages, and toward a 'virtuous cycle' of worker empowerment in which legal status and labor rights exert upward pressure on wages," study author Raul Hinojosa-Ojeda writes.

    The study looks at three scenarios: deportation of undocumented workers, temporary worker programs and legalization of the current undocumented population. Deportation would lead to a loss of $2.6 trillion in gross domestic product over 10 years, the report says, while a worker program would lead to a gain of $792 billion. Full legalization would lead to the best economic results, the study says.

    Other groups, such as the Center for Immigration Studies and the Federation for American Immigration Reform, say that unfettered immigration harms the United States and that entry into the nation must remain limited.

    When running for president in 2008, Barack Obama said that comprehensive immigration reform would be a priority in his administration, but the issue has been sidelined by health care reform efforts in Congress, the weak economy and the wars in Iraq and Afghanistan.

    There are indications, however, that the Obama administration aims to revive immigration reform efforts in Congress this year.

    The study bases many of its conclusions on an examination of what happened after passage of the Immigration Reform and Control Act of 1986, which granted legal status to 3 million unauthorized immigrants.

    A 2006 Pew Hispanic Center report found that 56 percent of illegal immigrants in the United States in 2005 were from Mexico, a total of about 6.2 million unauthorized immigrants.

    About 2.5 million unauthorized migrants, or 22 percent of the total, came from the rest of Latin America, primarily from Central America, the Pew Hispanic Center study found.

    Of the remaining illegal immigrants, about 13 percent were from Asia, and 3 percent were from Canada and Europe, the Pew study said.

    The report released Thursday says U.S. enforcement efforts -- mainly along the nearly 2,000-mile border with Mexico -- are costly and ineffective.

    "The number of unauthorized immigrants in the United States has increased dramatically since the early 1990s despite equally dramatic increases in the amount of money the federal government spends on immigration enforcement," study author Hinojosa-Ojeda writes.

    According to the report, the U.S. Border Patrol says its annual budget has increased by 714 percent since 1992, from $326.2 million in fiscal year 1992 to $2.7 billion in fiscal 2009. And the cost ratio of Border Patrol expenditures to apprehensions has increased by 1,041 percent, from $272 per apprehension in 1992 to $3,102 in 2008.

    Similarly, the Border Patrol says the number of agents along the border with Mexico has grown by 390 percent, from 3,555 in fiscal 1992 to 17,415 in 2009.

    "Yet the unauthorized immigrant population of the United States has roughly tripled in size over the past two decades, from an estimated 3.5 million in 1990 to 11.9 million in 2008," the report says, noting that illegal immigration appears to have declined slightly since 2007 as a result of the global recession.

    The report points out that a long-term study conducted by the University of California, San Diego, found that 92 to 98 percent of unauthorized immigrants keep trying to cross the border until they succeed.

    Increased enforcement has several unintended consequences, such as making the Southwestern border more lethal by channeling migrants through remote and rugged mountain and desert areas, the study found. The number of border-crossing deaths doubled in the decade after increased border enforcement started, a 2006 Government Accountability Office report said.

    An October 2009 report by the American Civil Liberties Union of San Diego & Imperial Counties and Mexico's National Commission of Human Rights estimates that 5,607 migrants died while crossing the border between 1994 and 2008.

    Tightened borders also have created new opportunities for people smugglers, who charged an average $2,000 to $3,000 per person in 2006, the study said. Ninety percent of illegal immigrants now hire smugglers, according to the report.

    An examination of trends after the 1986 immigration reform law shows that legalization of unauthorized immigrants has benefits, the report says. Legalized workers earned more, moved on to better jobs and invested more in their education so they could get higher pay and better jobs.

    A previous study found that "the wages of unauthorized workers are generally unrelated to their actual skill level," Thursday's report said.

    "Unauthorized workers tend to be concentrated in the lowest-wage occupations; they try to minimize the risk of deportation even if this means working for lower wages; and they are especially vulnerable to outright exploitation by unscrupulous employers. Once unauthorized workers are legalized, however, these artificial barriers to upward socioeconomic mobility disappear."

    Study author Hinojosa-Ojeda is founding director of the North American Integration and Development Center at the University of California, Los Angeles.

    The self-described progressive Center for American Progress is a nonpartisan research and educational think tank headed by John Podesta, who was chief of staff for President Bill Clinton.

    The Immigration Policy Center, established in 2003, also is a nonpartisan institute.

    The report, titled "Raising the Floor for American Workers, The Economic Benefits of Comprehensive Immigration Reform," can be found on the Web.


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  • Siddharta
    03-12 08:49 PM
    Doing MBA is useless ... unless you do it from a top 20 school

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  • vicks_don
    12-11 02:21 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.


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  • GotGoose?
    04-08 05:10 PM
    I took your advice frost and changed each accordingly.
    Hopefully, they look at least a little better

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  • pappu
    08-23 01:58 PM
    Do not spam the forum by posting the same post more than once.


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  • qasleuth
    02-25 10:32 AM
    Hi..I already searched in the google..But i didn't get the information..Please let me know if u have any details regarding license.

    The guy gave you the driving authority name and yet you claim you searched.

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  • Ann Ruben
    07-22 12:57 PM
    You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)

    If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:

    "Question 7. Should service centers or district offices deny a request for an H-1B extension
    beyond the 6-year limit where the labor certification or immigrant petition from an
    employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
    Answer: No. The statute does not require that the labor certification or immigrant petition must be
    from the same employer requesting the H-1B extension."

    Michael Aytes
    December 27, 2005
    HQPRD 70/6.2.8-P

    USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)

    Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.

    Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.

    Hope this is helpful.


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  • CaliHoneB
    06-05 03:53 PM
    I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
    I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to this should be handled seperately. I am willing to contribute, send faxes and call the senators.


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  • dil_ip3
    02-25 10:57 AM
    My wife wants to move from h1b to h4 status.

    Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

    What is the procedure to come back to H4.

    She already has H4 Stamping valid in her passport (until August 2009).

    She does not have H1B Stamping on her passport.

    My H1B status is perfect with all paystubs.

    Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

    I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

    Would there be any problem in coming back on H4?


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  • Rajkrish9
    10-30 11:07 PM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).


    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..


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  • lj_rr
    07-09 05:25 PM
    Well. If you are planning to use EAD, it is probably not an issue.

    However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
    How do you prove that you have a I-140 pending/approved without attaching the documentation?

    If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.

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  • pcs
    06-26 08:26 PM
    please PM me your tel no and I will call. We at Detroit are having a good get together and I can easily push it with the guys here but need to know what you want to do ? Maybe you can even call me on the phone when we are meeting

    08-26 11:03 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).

    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.

    06-02 08:44 PM
    Not attacking you, but you will acknowledge that not every IV member shares his every trick on this forum - what have you shared?

    I share what I know and relevant to the thread :D.

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