Mentol Blog's

If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,

is it like something random, or USCIS holds a lottery ............. i am just curious........

Yes, It is definitely yet another lottery.

Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".

ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is

http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never

HI.. Could you please send web-fax.. We want to reach 3000 number tonight..

If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.

VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).

All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)

When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do.

When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.

My wife name in not mentioned while applying I140 , how does it imact?
Can i add her while applying I485

Yes, add your dependents on 485

Hi,

My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

Regards
Kasi

tkasi,

I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.

Note: Please seek legal advise from authorized lawyer foryour immigration
need. This is just merely my opinion.

- BharatPremi

There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.

There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.

I myself have travelled using AP and the experience was plesant. Also I have not heard about anybody who was NOT ALLOWED to re-enter with a valid AP in hand. Very rare few ppl reported rude treatment but still they were finally allowed. Hopefully, you should have a trouble free - stress free experience. Good Luck!

I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......

You should be ok......just keep renewing your documents.

Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)


Re: Entered on AP,valid H1B,do I need to get I-94 extented

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Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
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For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).

When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do.

When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.

How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?

I went to Vancouver consulate in Jun 2006 and had very good experience. My appointment was at 8.00 am and I was out of the consulate by 9.00 am. The officer asked me which company I work for and my job description. No questions were asked to my wife. I have also been to Toronto and Montreal consulates in last 3 years for the visa stamping; however Vancouver staff was most friendly. I got my passport the next day.
However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.

School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.

However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.

GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!

If a student is taking more than 18 hrs in credits, the school is liable to make sure the student's immigration status is legit. So the school does have an interest. I'm not sure if you did Master's or when you did it. But under SEVIS, the liability schools have on foreign students are far more stringent than before.

don't remember the source, but I remember reading in the last week that the backlog reduction at CIS is not a true reduction, but because CIS has redefined what "backlog" means. This may refer to the discounting of the 1 million that are backlogged due to visa unavailability (quoted in gonzalez's report), but I woudn't be surprised if the "new definition" is not also contributing to the remaining 140K cases backlog reduction.

Let's redefine:

"laziness" = DOL
"stupidity" = USCIS

Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.

1. File AR11 form with USCIS online, by giving the receipt numbers you can change the current address on file. Next day call USCIS 1800 # and confirm the address change.

2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.

3. File for AR11 again, when you move again.

4. At the time applying for 485, I assume you have mentioned your current address in G325.

yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?

guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?

OCI's can work without visa. ALL PIO's are eligible for OCI.

Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.

Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.

Ok.. here's the link to save some of your time


http://www.visalaw.com/05may4/2may405.html


Read the section on ADJUSTMENT PORTABILITY .


Goodluck