malibuguy007
10-02 05:51 PM
Just joined SC chapter on Yahoo Groups
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krishna_brc
10-27 09:29 AM
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
Below is the answer that i got from Chicago Indian Embassy
" OCI new/renewal will NOT be issued for US born children whose parents are of Indian Origin"
So had to go with PIO for my baby.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
Below is the answer that i got from Chicago Indian Embassy
" OCI new/renewal will NOT be issued for US born children whose parents are of Indian Origin"
So had to go with PIO for my baby.
msp1976
02-12 10:28 AM
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....
Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....
About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..
Thank you!
I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....
Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....
About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..
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GCard_Dream
04-05 04:32 PM
Is that really true? I am not so sure about that. I thought you can get unlimited H1B extension as long as you have your I-140 approved. Do you really have to be retrogressed? Can someone confirm this please.
If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?
I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.
If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?
I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.
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jungalee43
02-11 08:18 PM
Submitted the petition. Works somoothly.
http://www.thedegreepeople.com/eb-petition.html
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
http://www.thedegreepeople.com/eb-petition.html
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
Rajeev
10-11 09:43 AM
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lostinbeta
10-21 02:31 AM
Damm skippy :beam:
::: ok, I suggest we stop spamming now :) :::
::: ok, I suggest we stop spamming now :) :::
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MrWaitingGC
05-22 04:58 PM
What will happen in this case.
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mmanurker
08-06 11:29 AM
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
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beautifulMind
08-24 11:34 AM
I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
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new_horizon
03-14 05:11 PM
$600 for individual. $1200 for joint filing (hus & wife), and $600 for each dependent (child). Don't know if parents (dependents) are included.
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
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SonnyD
10-18 03:26 PM
Congratulations brother. One of the questions they ask is- are you a member of any association or any organization.If and when they ask, this would be a good time for you to inform the officer of any volunteer work you do. Or tell them how you contribute to the community. Also tell them if you donate to charities. Just a thought.
Please only answer the questions that are asked. Answer to the point and be precise. Brother Sanju has given good advise too. Let your wife answer the question, if the Officer was asking her. Please do not try to answer for her.
Good luck and God bless
SonnyD
Please only answer the questions that are asked. Answer to the point and be precise. Brother Sanju has given good advise too. Let your wife answer the question, if the Officer was asking her. Please do not try to answer for her.
Good luck and God bless
SonnyD
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mdcowboy
02-11 03:10 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
I had no issues with USPS. Used them thrice to send docs to Chennai. It goes within 7-10 days. They give you a tracking number also, but as one of the other members pointed out, its difficult for you to track it.
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
I had no issues with USPS. Used them thrice to send docs to Chennai. It goes within 7-10 days. They give you a tracking number also, but as one of the other members pointed out, its difficult for you to track it.
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xbohdpukc
01-09 02:11 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
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lee.cook
May 20th, 2007, 12:33 PM
Hello,
I seemed to have fixed the problem, my father has a Nikon D40x and we read his manual on cleaning, since the D40 and the "X" are very similar.
We cleaned the low pass filter I believe, by using the mirror lock-up option in the camera.
I am now very very happy there is no dirt :)
This thread can be locked or deleted.
I seemed to have fixed the problem, my father has a Nikon D40x and we read his manual on cleaning, since the D40 and the "X" are very similar.
We cleaned the low pass filter I believe, by using the mirror lock-up option in the camera.
I am now very very happy there is no dirt :)
This thread can be locked or deleted.
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BECsufferer
08-30 06:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
Biometrics expire after 15 months. This could be renewal, however if it turns to be what you think ? than good for you.
In my case, biometrics had expired 6-8 months ago, but USCIS never informed me. My PD is current but they are saying case is struck at last background check. All other stuff like name-check, finger-prints are done.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
Biometrics expire after 15 months. This could be renewal, however if it turns to be what you think ? than good for you.
In my case, biometrics had expired 6-8 months ago, but USCIS never informed me. My PD is current but they are saying case is struck at last background check. All other stuff like name-check, finger-prints are done.
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meridiani.planum
10-12 08:37 PM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
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amit_sp
03-27 03:47 PM
I went to Vancouver consulate in Jun 2006 and had very good experience. My appointment was at 8.00 am and I was out of the consulate by 9.00 am. The officer asked me which company I work for and my job description. No questions were asked to my wife. I have also been to Toronto and Montreal consulates in last 3 years for the visa stamping; however Vancouver staff was most friendly. I got my passport the next day.
However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.
However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.
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rockstart
05-28 12:21 PM
Since your PD is not current so there is almost no chance they will pick your application randomly to process. The out of turn processing you are refering is say todat EB2- I date is Apr 2004 and so there is every chance that a guy with Jan 04 might get his GC before a guy with Nov 03 date but I am absolutely sure they will not process a guy with Aug 05 date since it is not within processing date. So in your case wait and watch the dates moving in case the processing dates get to your PD then you can make the choice of either withdrawing or proceeding with your application. Best is consult a lawyer to be absolutely sure.
bkr
12-06 09:17 AM
My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.
I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.
HTH.
I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.
HTH.
averagedesi
08-29 09:14 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
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