Hermione
09-25 01:45 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.
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Gravitation
03-15 01:24 AM
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
jingi1234
08-20 09:51 AM
Here is the link for that document..
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
Wow...thanks for the url...this is what I need.
Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
Wow...thanks for the url...this is what I need.
Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?
2011 Love Heart Tattoos With Wings.
HRPRO
03-08 02:28 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
MSG,
Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.
1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.
2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.
I think one of these would not have satisfied the VO's questions and could have triggered the rejection.
The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
MSG,
Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.
1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.
2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.
I think one of these would not have satisfied the VO's questions and could have triggered the rejection.
The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.
more...
gc_samba
07-17 04:44 PM
Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
divs09
06-19 11:54 AM
Hello Unseenguy,
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
more...
eb3retro
09-12 10:40 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
2010 love heart tattoos with wings.
skodu
07-17 11:39 PM
My Wife was 5 months pregnant when we went for medical exam in June 07. Her Obgyn did all the HPV and HIV medical tests in Feb 07 and additionally did the vericella anti bodies blood test in May 07. She did not take the this time TB skin test as both of us tested Skin test positive and Chest X ray negative in 2003 and we both took 9 months preventive medication.
We transferred all the medical records from my Primary care to Civil surgeon for other vaccinations that we took back in 2004 before going for our first baby so that we don't get into this vaccinations mess . So he just wrote the comment to do the Chest X Ray again at primary care physician after the baby is born and certified fully healthy. So this time I did not spend a dime on her medical tests as everything was covered by Insurance. I just took chest X Ray and then Blood test at county health department.
All you need to do is to take the records from your primary care or OBGYN and take them to Civil surgeon. Make sure to take your wife's blood reports done OBGYN in addition to her referral letter. Everything will be alright. If you did not take vaccines, then he will write his recommendation which will result in RFE.
We transferred all the medical records from my Primary care to Civil surgeon for other vaccinations that we took back in 2004 before going for our first baby so that we don't get into this vaccinations mess . So he just wrote the comment to do the Chest X Ray again at primary care physician after the baby is born and certified fully healthy. So this time I did not spend a dime on her medical tests as everything was covered by Insurance. I just took chest X Ray and then Blood test at county health department.
All you need to do is to take the records from your primary care or OBGYN and take them to Civil surgeon. Make sure to take your wife's blood reports done OBGYN in addition to her referral letter. Everything will be alright. If you did not take vaccines, then he will write his recommendation which will result in RFE.
more...
perm2gc
12-30 02:46 PM
Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Your questions have been already addressed many times in many threads.Please search the forum.
Thank you
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Your questions have been already addressed many times in many threads.Please search the forum.
Thank you
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shreekhand
08-17 02:52 PM
So, the bottom portion of you H1 approval notice (I-797) does not have an I-94 ?
If not, then doing it in Canada for the first H1 can be a big gamble.
If not, then doing it in Canada for the first H1 can be a big gamble.
more...
sweet_jungle
10-12 12:42 PM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
This can easily be defeated if challenged in a court of law.
All these are effect of lobbying from Merck.
This can easily be defeated if challenged in a court of law.
All these are effect of lobbying from Merck.
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CADude
04-07 06:30 PM
I will tell my story, if this help.
I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.
To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)
If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.
my 2 cents and good luck
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.
To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)
If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.
my 2 cents and good luck
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
more...
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amsgc
02-23 09:22 AM
Vroapp,
Thanks for sharing your thoughts!
Thanks for sharing your thoughts!
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gc_relief
04-27 02:56 PM
Reason syill not known and waiting for the denial notice..
Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2009..
Does the date impact my h1 extension??
Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2009..
Does the date impact my h1 extension??
more...
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paskal
10-23 02:40 AM
need help..needs your help...no kidding!
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when
01-03 02:06 PM
I think is someone has Canadian PR they aren't required to have a UK transit visa. I found the this info on the following link: http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
more...
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kaisersose
07-24 04:34 PM
Hi,
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
No. These questions have been answered already several times. Use the search feature.
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
No. These questions have been answered already several times. Use the search feature.
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jkays94
05-30 11:14 PM
My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
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jayz
07-17 06:53 PM
While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?
hoolahoous
03-11 07:07 PM
please do report the outcome.
asphaltcowboy
10-06 08:07 AM
Dessoya gets my vote. Outstanding! :thumb:
nice work everyone :)
nice work everyone :)
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