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  • krithi
    02-18 05:05 PM
    I recently returned from India, had a valid H1B visa, but the immigration officer insisted on using AP, my attorney suggests i need to change back on to H1B, any thoughts on this?

    Thanks,
    Krithi




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  • rameshvaid
    03-25 08:32 PM
    Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.

    Any possibilty of applying for AP now?

    Pls. advise.

    RV




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  • sdrblr
    09-04 03:32 PM
    What did you do to piss them off :D.

    Oh I think I know what the problem is.... the big "R" word .................. RETROGRESS !!!

    If you are EB2I then you have to wait for the card..dates are not current yet :D




    Guys,
    Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

    So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....

    SoP




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  • ArkBird
    06-24 12:27 AM
    Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.



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  • nomad
    08-02 09:54 PM
    Though my in-laws had an early appointment(945am, Chennai Consulate India) last month, they got their PP next day only. So they had to stay one more day in Chennai.




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  • xstal
    01-21 01:24 AM
    I know this is a little late, but based on the ridiculous snail speed of the VB, this is the first time I scrutinized my I-485 receipt and the USCIS online case check.


    I, like a lot of others, got my I-140 approved, and then slipped in my I-485 application during the July VB fiasco of 2007.

    I have a PDF of the FedEx delivery receipt/signature that it was delivered to the USCIS on July 28th, 2007, a Saturday

    On my Receipt, it says the "Received Date" is July 30th, the Monday. I am not going to dispute that 2 days, especially since it was a Saturday.

    BUT when I go online to check my case status through the USCIS website, it says

    On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Do i need to be concern?

    I maybe being silly here, but I'd appreciate anyone that can answer my question. I mean, their computer is saying they got my package on September 5th! This doesn't even make sense, cos the July VB fiasco window was over by Aug 15th back in 2007!

    Also, just so I know, anyone got their July VB packaged delivered on a Saturday but got a receipt date for the Monday after? (I'll feel a little better if I know I am not cheated here)

    Now, i can get back to being grumpy about the VB retrogression/non-movement saga of 2009.

    thank you everyone!



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  • learning01
    02-23 03:06 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/02/22/AR2006022202446_pf.html


    Scientist's Visa Denial Sparks Outrage in India
    By Shankar Vedantam
    Washington Post Staff Writer
    Thursday, February 23, 2006; A01
    A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
    The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
    In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
    "It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
    The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
    Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
    The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
    Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
    "This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
    Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
    State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
    In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
    "I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
    Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
    In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
    White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
    "If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
    Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
    White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
    "Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
    �*2006*The Washington Post Company




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  • Berkeleybee
    02-09 07:36 PM
    All,

    I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.

    I. IV MEMBERS AT EVERY STAGE
    � We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
    � Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.

    II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
    � The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
    � When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.

    III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
    � DOL-BECs were created as a result of considerable protest and intervention by Congress.
    � USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
    � So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
    � We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.

    IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
    � In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
    � So the Retrogression problem is a systemic, policy problem.
    � It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
    � It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.

    In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.

    With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.

    RECENT IMMIGRATION VOICE ACTIVITIES:
    � Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
    (b) get access to key policymakers
    (c) craft an effective legislative strategy
    (d) design a media strategy

    � Meeting Lawmakers
    � Coordinating with other groups like Compete America
    � Getting the word out in the community
    � Setting up of the organizational and resource infrastructure including the website and forums for discussion
    � A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.


    Visit our website at www.immigrationvoice.org and get involved!



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  • frostrated
    10-08 11:54 AM
    Based on my experience travelling with my son couple of times, I can answer couple of questions.

    PIO card looks just like your Indian Passport, difference being color and has just 1 page.
    Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.

    While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.

    Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
    the only difference for an infant is if you are going to leave him in india for a while. with a pio you can stay for longer than 6 months.




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  • pmamp
    02-27 07:29 PM
    I have I-140 filed and waiting for visa numbers to be current my PD is March 05 and Her name is given in I-140.
    Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.

    I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?

    Thanks



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  • rvenkat1976
    04-09 12:19 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks




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  • aroranuj
    06-26 05:59 PM
    My employer got back to me today & informed me that based on the advise of the attorney they will not be providing me a copy of the I-140. He understands that I can leave the company anytime & that he would never hold me back. My question is if there is any other way of getting a copy of the I-140? Is a copy of either the approval notice or the receipt number critical?

    Thanks guys!!!!



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  • martinvisalaw
    07-17 11:26 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE

    POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.




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  • gc28262
    07-29 12:25 PM
    Good One !



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  • chanduv23
    01-05 12:03 PM
    Is Eb3 --> Eb2 porting a wide spread phenomina?

    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough




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  • mk26
    02-24 08:18 AM
    I am also looking for answer on this..Anyone please??



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  • abracadabra
    07-06 11:38 AM
    There are about Six theards on washington Post going on currently, the ask question, till someone picks up Thanks




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  • TomPlate
    07-11 02:09 PM
    Guys you should see this

    www.midnightmasala.com from SUNTV




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  • waitin_toolong
    11-30 08:57 AM
    The emails are sent only when there is a status change not for updates and the delays in the emails are at least at this time due to the fact that they are not updating the status immediately but mailing the documents first.




    arc
    10-25 04:56 PM
    bump




    gcdreamer05
    12-02 10:31 AM
    Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.

    Bottom line, USCIS=random!


    Could you please share how you filed SR, my h1 extn is pending for 92 days.



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