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pd052009

10-26 11:18 AM

I have recently renewed my passport in Washington, DC. As I stay far away from DC, I get it renewed by post. It took exactly 40 working days to get the new passport. I remember, you have to select a date while filing the application form. So, dont wait... apply asap.
Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?

Any other points/instructions that you think are important please let me know.

Thanks in advance for your help. :)

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gc_on_demand

08-12 04:12 PM

Hi,

I recently went through same situation for my spouse on H4. You have 3 options:

1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.

2. Go out of country and come back.

3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.


Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.

For H1b you cannot file I 539 but need to file I 129 which will cost lot more. I guess going out of country and coming back is good option. if you live near border area.

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ruchigup

08-14 12:57 PM

I opened a SR on July 24 2008. My priority date was going to be current starting Aug 2008, but still representative was kind enough to open SR for me . Guess at that time they were not getting bombarded by volume of calls.

It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.

- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]

Thanks in advance

[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]

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lskreddy

08-26 04:27 PM

Let me know if you find anything Maya79. I need to know about this too.

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LondonTown

05-21 01:04 PM

Hello All,

My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

My questions are:

1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

Please advise.

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askreddy

06-18 01:05 AM

Hi

I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)

I will stay here in CA for couple of months.

Can I give the present address in Oregon for all of my family members Since my family still staying there.

Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.


Pls advice.
Askr

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garybanz

08-30 10:10 AM

My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?

One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.

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JazzByTheBay

09-07 11:32 AM

Here are a couple of videos from the Milpitas meeting.

It's really important that we all make our best efforts to attend the DC rally. Our life, and those of our children and families, depend on this.

Are you prepared to live for the next 10-15 years on EADs and AP? Ready to renew those every year? Limit your career growth and job prospects? Limit what you can and cannot do? Limit the raises you can get?

There's no reason to be scared to attend the rally. Leading immigration attorney Sheila Murthy supports IV and the DC rally, and encourages all those who are affected to attend.

Here's more:
http://morejazzbythebay.wordpress.com/

cheers!
jazz

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nlssubbu

03-21 04:00 PM

I just came across the following article, which analyze in depth about the anti-immigration groups, their stratergies, bases and the clout they have. Though some of the names seems neutral, the intention is really not.

I think it is essential for us to know the entire backgroud, if we need to fight our cause.

http://www.splcenter.org/intel/intelreport/article.jsp?aid=93

Thanks

nlssubbu

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gc2

10-04 03:11 PM

$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930

I would assume that EAD and AP have to be paid for separately.

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ssh

01-25 07:19 PM

Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.

Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.

What do you think?

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trnandakumar

11-03 07:10 PM

I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.

How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.

I got FP notice for my EAD one month after I got my EAD in hand.

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arnet

11-02 12:33 PM

if you need attroney, i can suggest few like rajivkhanna at immigration.com, sheila murthy at murthys.com, sonal mehta at nankin.com/mehtaverma.html, shusterman at shusterman.com. if they are out of state people, you can do teleconference.

if you have any legal advise questions, you can post your question to the attroney sonal mehta vema who gives free legal counsel in IV forum, check the following threads to know how to post a question:

http://immigrationvoice.org/forum/showthread.php?t=1267


Disclaimer: use it at your risk. I'm not an immigration attroney, consult one for your situations as laws/procedures are changing often.

I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.

R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks

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pt326bc

07-25 07:44 AM

Just make sure at the Port of Entry to show the officer your most recent approval notice and be sure to carry a few pay stubs from your present employer.
Otherwise shouldn't be a problem at all with the visa stamped valid till next year.

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breddy2000

01-25 12:32 PM

Any opinions please?

Thanks

Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.

Thanks

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rvr_jcop

02-18 10:29 PM

hi,
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).

questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?

Please let me know as my travel plans are dependent on this.

thanks and appreciate your prompt response


thank you.

I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.

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Pineapple

10-14 02:08 PM

^^^

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days_go_by

09-16 12:27 PM

US did not invest in ou upbringing or education.
All those were paid by India (or other countries), we led unproductive part of our lives in India (or other countries)and contribute to US economy.
Free trained labor, in fact if you count spouse ->Buy one get one free.

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makemygc

07-25 12:51 PM

How are you planning to use the data available from the polll?

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smithshn

05-07 09:10 AM

Yes,.net framework give access to complete functionality of Windows OS.
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There is different languages which provide by the microsoft like c++,c#,vc++,vb,etc...
You can develop any application by using this programming languages.

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Kowsik9002

04-18 03:56 PM

With EAD, or AP for travel, it is important to apply renewal of documents exactly 120 days prior to current document�s expiration date. If you file the renewal application earlier than 120 days prior to expiration, the USCIS may deny the application. In your case, if AP expires July, then return before the date to avoid issues. Plus, if EAD is current, then there should be no problem with entering U.S again. I am out of work and not risking it with out of country travel. Check with lawyer. That is important. Two years back, I returned with AP and faced questions at the airport. Check with lawyer before leaving. Why we do these hoop is known only to the almighty. Better to love someone here and settle with life. I am exhausted with all such documents. I have delayed marriage for GC.

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Blog Feeds

08-26 07:20 AM

Immigration Visa Attorney Blog Has Just Posted the Following:
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.

In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.

If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.

We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf





More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)

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ksircar

06-24 09:58 PM

If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.
Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".

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jonty_11

06-15 01:17 PM

This from Immigration-law.com

06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.

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chanduv23

06-14 11:19 PM

My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


Please PM me if you do not want to share the experience in public.

After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.

Do send your story to IV as IV ios collecting such stories

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pappu

09-16 09:54 PM

Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.

I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise

sent you a PM with my recommendation of a lawyer

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IN2US

02-23 01:03 PM

I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??

PS: I've already applied for my new passport and expecting it any time.

Thanks in advance

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santa123

10-16 08:49 AM

Moonrah
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.

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mhtanim

09-10 03:01 PM

My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.

I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.

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ram_nara303

03-08 10:30 AM

Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.

My 2 cents.

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instantkarma

01-29 08:55 AM

Thank you for the response.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.

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roseball

09-01 05:30 PM

Gurus,

I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.

I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.

Thanks.

You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.

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gparr

June 12th, 2005, 03:05 AM

Josh,
Congratulations! Few things more fun than getting new glass. Nice first shots. Looking forward to more.
Gary

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Life2Live

09-18 12:07 PM

Feeling bad for not making it. Looking forward to see our heros pics and videos

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sunnymit

05-10 12:44 PM

As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.

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jamesingham

08-23 11:02 AM

My employer filed I-140 application for me this month. I will have to move to a different house next month. Will this have any impact to 140 processing ?

Do I have to inform USCIS ?

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xbohdpukc

08-05 11:31 AM

as long as both PDs are current they will start to process an application with the earliest RD first.

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perm2gc

06-14 05:59 PM

Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?

Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,

would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????

Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.

IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.

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blacktongue

11-01 01:35 PM

I heard that only applicants who are current are considered as backlogged - is this true?

Applicants who are not current - which statistical group do they belong to?

You are correct. Is USCIS definition to show less numbers on their graphs.

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wandmaker

11-27 01:25 PM

fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.

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validIV

02-03 09:54 AM

I am assuming your wife is H4? H4 to F1 shouldnt be a problem, this is the same path I took years ago before becoming H1.

There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.

Good luck.

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guy03062

12-08 08:07 PM

I think we're looking for Jan '09 bulletin ;)

India:

EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001

http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html

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skark

08-22 11:54 AM

Does anyone know if the PIO card needs to be renewed or a new PIO card has to be obtained when US passport is renewed?

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SertTurk

12-30 01:18 AM

hello,

My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.

What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?

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BMS1

11-08 12:24 PM

Do you mean RFE (request for Evidence) by "Query on H-1 Transfer " ? This happens all the time with any benefit application. You need to explain what that query is? If company C will respond to it by providing the evidence USCIS wants, things will take care of themselves.
Yes can still go ahead and transfer to D only if you are sure the query will be addressed by company C and the approval for H1-B transfer is 100% certain. Normally it may be a good idea to wait for the approval.

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walking_dude

10-31 06:20 PM

Wisconsin Wake up. Your chapter is calling you to join. Join the movement to increase Visa numbers and eliminate country caps. It's the only way to get out of the GC mess.

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roseball

12-27 06:42 PM

I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.

It says case is not found ,even tried calling customer service .

Does it take time to get uploaded online ?
Did anyone else face this problem

I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.

could some one please help me in this

Thanks

Post from Oh's law firm:

12/27/2010: USCIS Case Status Site Errors

Currently, USCIS online case status site is reportedly experiencing some errors. The consumers are experiencing frustration with the incorrect information or outdated information when they check their case status. Apparently, the USCIS has been working on it to fix the problem. Pending that, the customers should keep patience.

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February 3rd, 2005, 06:28 AM

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