sbmallik
12-27 03:18 PM
To the original poster:
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
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Almond
07-04 06:50 PM
Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)
All the info on his case is in his sig.
All the info on his case is in his sig.
maddila
07-30 02:31 PM
One of my friends had the same problem from Madras consulate. they eventually called him to come back with the passport after 3 weeks. You will get it but it's just matter of time.........
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smads
03-05 06:18 PM
Please help me out with my question.
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
more...
Blog Feeds
06-25 01:20 AM
VIA USCIS
Introduction
U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.
Background
USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********
USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*
Highlights of 2010 Proposed Fee Rule
The proposed fee rule would increase the average application and petition fees by approximately 10 percent.
Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.
The proposed rule would establish three new fees for:
Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.
The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.
The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:
Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).*
Current and Proposed Immigration Fees
Application/Petition Description*
Current Fees*
Proposed Fees
I-90 Application to Replace Permanent Resident Card
$290
$365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85
Last updated:06/09/2010
More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)
Introduction
U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.
Background
USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********
USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*
Highlights of 2010 Proposed Fee Rule
The proposed fee rule would increase the average application and petition fees by approximately 10 percent.
Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.
The proposed rule would establish three new fees for:
Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.
The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.
The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:
Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).*
Current and Proposed Immigration Fees
Application/Petition Description*
Current Fees*
Proposed Fees
I-90 Application to Replace Permanent Resident Card
$290
$365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85
Last updated:06/09/2010
More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)
thescadaman
12-16 10:43 AM
If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.
The last 6 months of "no-license replacement" is making me very anxious.
The last 6 months of "no-license replacement" is making me very anxious.
more...
abhijitp
08-30 05:17 PM
And thanks for your continued support. I wish every IV member thinks like you!
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
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reverendflash
10-21 01:50 AM
I bow to all ya'll... :) You guys make my stuff look like a 3rd grader just threw up... :P
::bows, realizing he has 2 different colored socks on::
Rev:elderly:
::bows, realizing he has 2 different colored socks on::
Rev:elderly:
more...
sdeshpan
07-10 04:44 PM
dude its around 4 yrs.. ;-)
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
hair Photosquot; /gt; Nitro Circus,
desi3933
02-18 11:28 AM
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
more...
njboy
09-10 10:20 PM
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
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Refugee_New
01-26 07:56 PM
Folks,
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
more...
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mygc2006
04-08 11:55 AM
please see my signature for details
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redgreen
12-16 02:14 PM
I had only I-485 receipt (previous I-94 expired, passport had validity for only 3 weeks) and in MA I got a driver's license for 5 years.
more...
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seaken75
10-31 09:07 PM
Hi all,
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
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rajeshalex
08-22 07:05 PM
I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
more...
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SDdesi
06-19 09:04 PM
I just posted another alternative to saving on the vaccines:
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
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diptam
08-04 12:02 AM
We July2nd filers called them this morning and they couldn't find us in DB by FN,LN, DOB...
And in the evening they are saying we are in DB but receipts are yet to be generated ???
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
And in the evening they are saying we are in DB but receipts are yet to be generated ???
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
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Robert Kumar
12-24 12:54 PM
Please advise urgently.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Templarian
08-27 11:16 PM
Double posting bump this thing.
I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).
I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).
Almond
07-17 08:07 AM
This is a terrible situation, I feel so bad for you. Can you afford to go to a lawyer as soon as you can and ask for advice? I think it's very important, this is critical. 11 years:(