Mentol Blog's

Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
Thanks for your response

Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.

Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..

congrats buddy. Atleast some good news in a string of bad ones :)

There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.

It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.

Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)

I spoke with a 2nd level officer and came to know that my case is preadjudicated..but still not assigned to an officer and obviously the visa number has not been assigned. Is there anything I could do to make my case assigned to an IO in order to get the visa number and ofcourse the CPO?? Anyone experienced this??

Maybe your lawyer should jump into the well or go back to school ;)

She is probably already going to school (a paralegal) :)

I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

this is very important.

Depends on who the primary applicant is.

Thanks,
Jayant

It is not that I want to ask many questions.

It is just that I want to prepare for the consequences. Also, this information could be important to somebody else in the future, I am not thinking just about myself, so please understand & respect that.

Thanks for your help!

Got this from the Chennai US consulate website.
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

Hold the equivalent of a U.S. bachelor’s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

>> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

Not a legal advice.
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Green Card holder since May 2002

Aug bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html

If you have approved labor and 140, why you want to file EB2 perm?

1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.

I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.

Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.

Thank you very much for the replies.

Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

Again, thank you for the advice.

Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.

Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.

Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?

Thanks for your help in advance.

you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.

i know FRA is abig airport hwoever I think 2 hrs is fine..

I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

So there are 2 I-140's with the USCIS.

Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

Now, I filed my H1B extension , What will happen to the H1 extension ?

and What is my status now?

Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

Any help would appreciate

Thanks
Reddy

Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.

Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.

My attorney says, they sent hundreds of applications and none of them returned. she says we dont have to refile, they are not going to send it back.

Guys,
Can any one explain his comments,

"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?

we did the same. it seems your marriage in india was just marriage ceremony and not legal marriage.

Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.

I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.

Anyone else in the same situation as mine?

pal

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