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  • desim
    07-19 12:47 PM
    Thanks mp70 for sharing the information. Your experience has helped me with two worries. My 797 was approved in June end and I am going for stamping at Chennai at the end of July. You put my worries with the short gap PIMS verification issues to an end.

    It is good to know that there is a separate counter for revalidation. Did the officer ask any information for dependents H4 visa?

    Also, did you do anything to check whether your petition was present in the PIMS database?





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  • PD_Dec2002
    03-08 11:18 PM
    Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

    I am also copy pasting the same content if you cannot open my link.

    How to record departure from the United States after the fact.
    Question: I did not turn in my I-94 when I left the U.S., what should I do?
    Answer:

    If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

    If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    * ACS - CBP SBU
    * 1084 South Laurel Road
    * London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    *
    Original boarding passes you used to depart the United States;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:
    *
    o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    o Dated bank records showing transactions to indicate you were in another country after you left the United States,
    o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    Regards,
    Jayant





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  • immigrant2007
    09-26 12:36 AM
    what do u think...god is going to have another re-incarnation for giving gcs to legal immigrants? If we dont help each other / ourselves then we surely deserve this backlog





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  • st4rguitar
    04-06 01:46 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.

    First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.

    As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.



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  • zbd
    07-18 08:47 PM
    :rolleyes:
    Guys,
    I keep telling you.
    Neither calculation nor politics works. All this masturbating (sorry for the word but i couldn't found any other word which fits better). FIFO is being applied. It means, we all gotta wait until they clear certain amount of case from Backlog centers. They release the numbers based on the released cases from BC.

    Think that why S.1932 didn't work. Nobody willing to tell the truth but I'm.

    Good luck. My stomach aches when I read this site or look at the cut-off dates.

    We all slaves. Easy answer is "love or leave" but we already had life here and we didn't know what was waiting for us before coming here. How can I ruin my kids life, especially school life. How long more can I express the situation to my wife that she can not work here. WHY ? otherwise, I may take to job change risk! Ah ah! i got spazm again. Please Please stop this holly helly thing right a way.

    It's enough that you already ruin our lifes!!!

    :eek: GODs don't seem that they're willing to HELP us.:eek:





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  • senthil1
    06-30 10:46 AM
    Why do you want labor substituion at this time when they are discontinuing for fraud? Are you working same company or joining the company for just labor substitution?
    If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.

    Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?



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  • gcnotfiledyet
    03-17 04:45 PM
    I was informed that without I-94 card she cannot be added to my insrurance.

    Can anyone suggest me some good insurance I can take online/india for this kind of situation...???

    Thanks

    Did you even talk to your employer yet? They will ask for marriage certificate and nothing else. Who informed you about I-94? one of your friends/forum members? Are they giving insurance to you.

    Go talk to employer/HR/Insurance agent.





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  • jfortune
    06-06 09:42 AM
    http://today.reuters.com/business/newsarticle.aspx?type=ousiv&storyID=2006-06-06T122720Z_01_DEL311603_RTRIDST_0_BUSINESSPRO-INDIA-IBM-DC.XML&pageNumber=0&imageid=&cap=&sz=13&WTModLoc=BizArt-C1-ArticlePage2


    Could this be a support? If US does not retain techies, US employer goes overseas.

    From the article:

    IBM's business in India grew 61 percent in the first quarter compared to a year earlier, the firm's highest growth rate among emerging economies. India's $15-billion domestic market for services and hardware is expanding at about 25 percent a year.

    This, coupled with a global reputation for developing software cheaply, encouraged IBM to hire 15,500 staff in India last year even as it shed roughly 10,000 in Europe.



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  • maximus777
    05-06 03:44 PM
    bring it on pa, ut, tx (although backing away)
    the more the merrier! This certainly will bring the debates nationally all the time.
    More # of states want to pile on, fed has to step in - with a ferocious appetite :d

    :d





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  • txh1b
    08-25 03:32 PM
    Depends on what you mean by porting. Do you already have an approved 140 in EB2 or are you going to start from scratch by having the company file for a labor?

    If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.



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  • bobby
    04-18 05:23 PM
    My PD is now current and I'll be filing 5/1
    PD 5/03 EB3 ROW
    Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.





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  • desi3933
    06-15 11:51 AM
    If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate

    No, the birth certificate (issued by Indian Consulate) is not acceptable as this is based on the entry made in passport, not on the basis of registered date of birth.

    You need birth certificate issued by municipality of the district. If it is not in English, then it has to be translated in English and notorized for true translation.

    Good Luck.


    ___________________
    Not a legal advice.



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  • 485InDreams
    09-28 09:38 AM
    Though he can sue you...there are more chances he won't do that ...it would be collateral.....

    As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
    1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
    2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
    3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...

    Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....

    rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...

    he will threaten you...but he won't do anything...he knows its waste of money for him ....

    Best of luck...





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  • totalvisa
    04-26 10:51 AM
    The funny part is that I did use premium process and still took them 4 months...apparently they had made a mistake and process it as non premium and still took the extra $1,000... Im not sure if I am having bad luck or what else to think.

    So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...

    Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.

    My case has become very complicated! Any suggestions?



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  • mattresscoil
    11-12 11:57 AM
    Hi,
    I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
    I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?

    Thanks
    smsthss:
    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)





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  • ruchigup
    10-02 02:08 PM
    If the attorney submitted G-28 for that particular petition (which got the RFE), then only the attorney gets the RFE. But I believe any one can respond to the RFE (yourself or another attorney) along with a new G-28 to change the representation.

    DISCLAIMER: I am not an Attorney and this is not a legal advice.
    Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?

    I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21

    Please guide.



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  • newuser
    04-05 11:59 AM
    Closed on Mar 26th with Wells Fargo with a 5% down payment conventional loan.

    The monthly PMI was jacked up $55 during closing by my lender. Other than that no issues.





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  • kiran_k02
    05-12 09:24 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the germany.info site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"

    </edit>

    I travelled through FrankFurt to India( enroute to India, I did not have valid visa on my passport) and back with stamped Visa. I had AP but did not use it.

    My advice to you, don't worry about it. You do not need transit visa.

    KK





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  • Asian
    07-19 09:39 AM
    Well, some people think it is of no use trying to predict anything. I have a slightly different opinion. If I had known this kind of thing could happen to me eight years ago (or at least five years ago), I definitely have chosen a different path. The same thing applies to now. If I could have a glimpse of five years from now, I might choose a different path.

    Predictions work if it is based upon reasonable data and calculations. I think it would be actually humane of USIC if it could supply more statistical data about the number of applicants they are getting and the rate they are processing or even the projection of cut off dates for next two years. Of course we will not blame them if it deviates. They can simply say it is subject to change to avoid any legal complications. They are the organization that has most information after all. I think it is something we can suggest to law makers, too. Nobody likes surprises anymore in modern life. The more we can see the future, the better decision we can make and the less time we lose in vain.

    I am not saying we can be negligent for necessary law changes but we have to think of various scenarios with probabilities.

    I am also thinking IV core members may have a better statistical data from the members. These statistical data are actually very important if we use them well. ( I am not saying exposing private info.) The numbers talk louder than words. The same rule applies to law makers as well.





    sands_14
    03-20 05:12 PM
    Doesnt matter.
    Past experience shows that finally it doesnt matter.File in the category u r eligible for.





    eb3India
    11-30 11:44 AM
    Hi,

    I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV



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