Mentol Blog's

Visa Bulletin For January 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5212.html)

Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.

I am assuming DUI, other misdemeanors or felonies.

No I did MS in computer Science from here only

has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

2/10/2009

When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.

One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.

If "if you re-enter US before your extension is valid" is not the case then following is my experience.

Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.

sparky_jones: can you give us your write up to USCIS regarding this missing field information. What was in the letter regarding this field. I plan on sending a letter to them providing this information.

I attached a sheet of paper to my supporting documentation with the following heading in bold: "Correction Requested for e-Filed Form I-765
Receipt # ***-**-****"

Below that, I simply put the following statement:
"Please update Item 12 �Date of Last Entry into the US� for Form I-765 to **/**/****. This field was omitted during the e-Filing process."

Gurus
Please advice on the usage of A number

I came here as student and OPT before, the OPT had a A number

In my approved I-140 i had a A number, both the numbers are different

While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number

Which number must i put in the field

Regards

You would have this number only once your 485 is approved, so just leave it blank for now.

Receipt notice not sure how long. I have not yet got it.
Approval notice has already come via mail in 7 days precise after status approved.

Again this is PP. So may be for PP it is only e-receipt and not actual receipt.
I am not sure.

This is exactly same case for another colleauge.

I have a 9 digit number (xxx xxx xxx) with prefix 'A' on my approved I-140 notice (Nov 2006) just above my beneficiary name.

I was confused about this number, so I called USCIS today and found that the number on my I-140 petition is the Alien number.

USCIS representative clearly stated that 'A' number, File number and Alien registration number are one and the same; also this number can be 7 to 9 digits with prefix 'A'.

So if you have �A� number on the I-140 approved notice please provide the same appropriately. However, not all I-140 petitions will have 'A' number.

One other thing, Please do NOT say 'N/A' instead say 'NONE' if 'A' number is unknown at this present time.

Thanks
Raj
Thanks for clearing this up.
Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?

I understand what you're saying.

I just want to know what should be done moving forward.

I’ve successfully e-filed my renewal and got the approval for both EAD and AP in just two weeks. It’s really a good system.

My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.

When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.

I am in the same boat. I USCIS called yesterday still not the in the system. They told to wait next week. Let see what will happen.

Two bills tackling this matter have recently been introduced. One is the Protect America's Competitive Edge Act, by Senators Pete V. Domenici, Republican of New Mexico; Jeff Bingaman, Democrat of New Mexico; Lamar Alexander, Republican of Tennessee; and Barbara A. Mikulski, Democrat of Maryland. A similar bill was introduced by Senator Joseph I. Lieberman, Democrat of Connecticut. Several of the senators met with President Bush in December to encourage him to support the competitiveness legislation.


Hello stucklabor,

This is very promising news. We knew about PACE but another similar bill by Senator Joseph I. Lieberman just adds to the excitement. We should keep a close eye on these bills and maybe start sending communications to the lawmakers about these bills.

What do you say?

EB3_PERA,

Immigration to Canada is the most obvious option in case you want to stay within North America. Being Canadian permanent resident / citizen allows you to run business in the States under certain rules.

Another option is Australia but it is a bit far away and in fact the country is not very much populated - less than 20 mln people. I.e. business is not booming.

Dubai is an excellent option for making money, or at least that was the case 10-15 years ago. Its economy is still booming.

<snip>

Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.

hold on tight and hope for the best

Kederex,
Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa

I have no issues with SBI, transferred last month.....always the best for me in terms of every thing......

tyr logging into your account and see if you get that message now.

All depends on spillover; it�s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.

I don't know why I received reds for my post, anyways I respect the opinion of members, I understand that everybody is genuinely pained and suffering so it�s really not anger directed at anybody but the current situation in which we are. My humble opinion is that for any significant noteworthy movement the spillover must happen for individuals belonging to retrogressed countries. Spillover does not really harm anybody. I believe that it�s always better to have ones expectation set correctly rather than expect too much and be disappointed on the day the VB is released. The more the queue moves the better for all, CIR or Recapture are the two genuine solutions to alleviate everybody's pain and suffering. Good luck to all.

I have one observation that the time the Jan VB was released and the inventory report date kind of match up and since no numbers were available there was no change. If we are going to still have the incremental monthly or quarterly allocation for the retrogressed countries we will still see no change or really no significant change. The spillover for now is the anti-biotic or quick fix; it�s really not the cure or the remedy but it will give a great feeling to many who will get greened sooner and hope to others who are behind.

You can try other CBP but the best option is to go out of USA (maybe to mexico) and come back with a new I94 valid till Oct 2008. Don't forget to handover both the I-94s (one in pp and 797) while you go out. HTH!

my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!