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Thursday, July 7, 2011

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  • santa123
    01-23 01:40 PM
    CIS Ombudsman - Send Your Recommendations

    Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.


    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

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  • sandiboy
    08-14 03:50 PM
    485 RD: Jul 2 '07
    485 ND: Aug 7' 07
    Waiting for FP Notice

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  • 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..

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  • rbalaji5
    02-09 04:12 PM
    Hi Bojja,

    Do I need a canadian visa to go to Canada.?.



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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.

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  • vijay1974
    07-29 06:06 PM
    I think they should change the title on their page to How may I harass you? :)


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  • devikas81
    02-26 11:22 AM
    In which state you are practicing as a PT??

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  • neel_gump
    01-29 11:51 AM
    no OCI for minor kids...you can get more info @ http://www.indianconsulate.com/


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  • help43
    09-12 09:58 AM
    Please advise on what documents that i need to submit for H1-B amendment

    1) Previous employer Paystubs
    2) Offer letter from new company...
    3) Previous I-94
    4) I-20 ...

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  • shreekhand
    05-04 10:48 PM
    I understand that you are a bit tight on money right now, but I would highly recommend as others suggested to hire a good attorney by borrowing some money. Do you want to just want to get in a deeper limbo right now or get it done thoroughly right now?


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  • AabTuAgaGC
    07-02 05:58 PM
    Please, stop rubbing salt on our wounds:mad:

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  • drona
    09-10 02:19 PM
    We've had 19 members join WA State Chapter in the past two days, let's keep it going. Please get active in your state chapter and help IV succeed.


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  • sunnysunny
    10-17 05:16 PM
    duttasurajit I am in a same boat as you. Today I talked to one lawyer in my city and told me that both the fields can have different code but the job functionality should be same. All the companies can have different title.

    Don't wait for the answers here, just talk to any good lawyer for this matter.

    Good Luck!!!


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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..


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  • paskal
    11-10 06:32 PM
    to everyone willing to contribute to the efforts
    please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!

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  • sanju
    01-26 03:55 PM
    That's Great! Glad it worked out.



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  • Ann Ruben
    04-17 02:21 PM
    Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.

    Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.

    A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.


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  • GCBy3000
    07-11 09:10 PM
    Is it allowed to publish it without my permission? I dont mind putting it anywhere, but just curious to know.

    That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).

    It appears that he has circulated this and it has somehow gotten into the political circle.

    it is very good for us to increase visibility on this issue more on Capitol HIll.

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  • nashorn
    08-12 03:14 PM
    Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.

    04-17 08:22 PM
    Even if you transferred you can still work for old company and keep on working there without joining new company.

    That's what i believe. Please consult attorney for confirmation

    guys have a question for u..
    i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
    now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...

    03-09 12:15 AM
    LoL... mlk I just took a real look at your site and I noticed at the bottom you have all those little links... it looks like those links are supposed to be referencing the boxes they are in. So like Tekken, is an investor... Alicia Keys is a privacy policy...


    Also, the arrows pointing up make no sense... they should be pointing down as they are pointing to nothing :D

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