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04-11 04:27 PM
Can any one who has used e-file , please advice for my last two questions.

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08-03 09:41 PM
Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.

I am waiting as well:) EAD abt to expire, not used though.Keeping my fingers crossed, and opened 2nd service request after 45 days of the first SR( did not receive any email for first one) and no response and took infopass appt for 5th august Do not know if NC etc has been cleared or not

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01-14 02:52 PM
You asked for any news at all and here is update posted today on

"01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

Hope you feel relaxed for the day

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12-08 04:52 PM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.

AP could be mailed but the applicant MUST be in the USA at the time of application.


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06-24 08:13 PM
Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help

(This is what I found on the internet)
FEB. 28 2008

5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum ?therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?

Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.

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08-06 04:38 PM

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04-27 10:18 AM

I think it is true that you need to be careful with Indian immigration people.

Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.

SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.

I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.

Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)

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05-02 07:39 PM

My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.


I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.


IO did the correct thing for you by giving I-94 validity date based on your extended I797.

Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.


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03-14 02:09 PM

My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.

My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.

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02-04 04:21 PM
Hi, Everyone says I am in and I am in . no one says how and when.

So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.

We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.

All the best, looking forward to meet everyone.


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08-05 11:56 AM
You will receive the paper welcome letter within one week.
Physical card will receive within 10 days. I did receive the physical card after the day I have received the email 'approval notice send'.
About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.

ADIT (I-551) stamping

Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.

Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.

Don't worry. Minor things.

Thanks Dealsnet;

Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?

Just curious to know, if you have any info.. :)


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11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?

AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

Is this scenario different because A is not a future employer?

With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.

Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.

Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.


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09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.

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01-20 08:59 PM
you can get your pp renewed within 10 days in India as long as you have things like voters ID card, Indian DL etc.

If this is possible, you can get it in India.


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10-11 01:39 PM
I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.

My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).

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02-03 05:48 PM
Mine was approved on Nov 15th 2010 but still have not received it. I called customer service 4 times but no user.
Last week I had info pass appointment and the lady told me they will track my package as they have already sent it on Nov 15th. Still nothing

All the best in you case.


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04-18 08:36 AM
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)

Have you ever wondered what are the options you have?

We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants

We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?

If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in

Lets gather in that thread for our relief.


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06-23 05:57 PM
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Munna Bhai
07-12 09:57 AM
I don't believe so.

Only H1 transfers have no cap, apart from non-profits.......

What you said is wrong, if you are in H1b, you can switch to H4 and come back to H1 without cap but I need more input. Like if I am on H1b based on I-140 and if my spouse is on H1b non-profit. how it works!!

02-08 03:11 PM
Thanks guys for the quick reply. Just one thing I would like to clarify. My old company was not acquired by the new one. It shut down and the client for which I was working then, transferred my H1B and employed me.

06-14 04:05 PM
I have 3 yrs graduation and 2 year post graduation and one year diploma in computer application. I have 18 years IT experience. I am working in managerial level after filing AC21. But my lawyer says I am not eligible to file for EB2 labor and port from EB3 to EB2. So I am still waiting for my i-485 to be approved. Anyone have any clue if it can be possible to port to EB2.

Priority Date -Sept 2003
I-485 - Aug 2007
Filed 3rd EAD today.

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