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  • tikka
    05-30 01:19 PM
    I visited my local USCIS office and the officer told me that they don't do I-94 updates and asked me to contact the CBP office. When I called them up to get an appointment, I got transferred to a lady who asked me the details. After listening to my case she said its perfectly okay and asked me to attach the new I-94 from the 797 to the passport. Is this true?

    I am trying to get hold my lawyer but in vain. Please help!!!

    The next time you enter the country the INS officer will stamp the new date of the I-94 to the passport.
    You can also attach the new I-94 and keep the old one too.

    Hope this helps!





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  • onemorecame
    07-13 02:01 PM
    i'm just putting my opinion in my way. that's what this forum is for. atleast not talking BS, just staying on the main topic.

    btw u answered for ur urself, i'll just repeat with a change "why are you replying to this!" go see a doctor, is my advise.

    Sir with High Regard,
    My request is that if you are starting something like personal discussion then
    Please don't put message which look like something is confirmed like your topic �Secret news! Per country limit would be removed�.
    this sense like something confirmed and people will come and read.

    don't feel bad if people are pointing you for something good for everybody.

    Thanks with high regard again :)





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  • BharatPremi
    12-09 01:50 PM
    Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.





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  • gc_freedom
    04-21 11:14 PM
    Ski_dude12, immigration voice portal is for helping people with immigration issues.Everyone is welcome here especially if you can contribute something positive and help others.



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  • n.sravan
    10-04 10:04 AM
    Hi all,
    Thanks for the responses and sorry for Confusions..
    I am giving the scenario more clearly..
    My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
    After mariz surname changed to "Naveena".
    When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
    While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".

    During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".

    Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..





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  • jkamel5
    07-10 08:38 PM
    Thanks for your amazing help.
    I have two more question that I am not sure about:

    1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?

    2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?

    Thank you,
    John



    Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).

    If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.

    The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.

    The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.

    From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.



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  • diptam
    07-13 11:17 AM
    There were speculations that AUG bulletin will be released at 1 AM EST , then 2AM EST , then 10 AM ESt , then 11 AM EST....

    None of the speculations came out True - Anyone has any idea when AUG Bulletin will actually come out ?

    That's the key word here. ....I don't believe in "reliable" sources. I need to see the outcome.





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  • jliechty
    June 10th, 2004, 09:14 PM
    Please read......."IMHO".................my opinion, not anyone's else's and are not we all entitled to opinions? Certain I am sure there are several scenarios that might favor one mfgr over the other........."what if" situations abound.
    It's not the "IMHO" or anything... we certainly all are entitled to opinions - "Canon is better than Nikon" "Nikon is better than Canon" "Contax/Carl Zeiss is better than either" "What are you thinking, Minolta has fine glass too" etc. But it is just the "far superior" thing that got me going, because it simply isn't true, while the other statements certainly do have parts of truth to them. I guess some people do treat camera manufactureres with the same kind of "fanboy-ishness" that geeks do to Intel or AMD. ;)



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  • ChainReaction
    07-13 12:23 PM
    I think this rule would be pretty controversial with the diversity restrictions that US expects.
    So, why there is country limit just on GC quota, if they want diversity it should be on H1/L1 visas as well...this is why we are seeing backlog of more then 5yrs in GC. It is not diversity they want it is called discrimination :eek:





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  • talash
    04-25 03:58 PM
    RFE was for employers ability to pay .and my friends got same RFE and we has same atorney .employer is financially strong and im sure with good ability to pay .I didnt get notice yet .just got online update .



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  • insbaby
    08-13 11:16 PM
    Dear IVans,
    Now that the SEP VB is out, what does this indicate in terms of
    - future VBs
    - visa availability in the coming months
    - awareness about visa wastage
    - dates becoming current for most EB categories
    - light at the end of tunnel for most of us
    - USCIS efficiencies

    Pls share your thoughts. Thanks!

    - future VBs : WE MUST CHECK WITH FORTUNE TELLERS
    - visa availability in the coming months: ASTROLOGY MAY HELP.
    - awareness about visa wastage: PART OF USCIS POLICY
    - dates becoming current for most EB categories: MOST OF THEM ARE CURRENT NOW
    - light at the end of tunnel for most of us: WHERE IS THE TUNNEL FOR EB3?
    - USCIS efficiencies: INCREASING STEADILY





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  • alterego
    10-06 01:37 PM
    I believe the USCIS counts only applications they have recieved. In other words even if there is a 140 approved but the person is not able to file a 485 then his application would not count. I think they log in the applications when they send out the reciept notices and then log them out when approved. As such I think even pending EAD and AP applications would be counted as cases.
    However some clarification would be definitely nice.

    I want to point out however that there are many cases of 140 approvals who for whatever reason are not active or transferring to another petition.

    The BECs have completed a little over half of the cases to date. They are moving quite fast in the last few weeks. Recently a colleagues application filed in May 2004 got approved, within 3 weeks mine filed on the same day with the same lawyer was also approved (atleast online status check). As such I feel that atleast those that filed with RIRs will be done by the end of the year and those with traditional labours will be done by next year. Now that last point is what gives me the chills. Those are the really old PDs and until we get a feel for how many of them are still active and how many are legit and how many of those are used for Labour Subs etc, we will not get a handle on the size of this problem.

    At the very least we can double the number of pending petitions at 485 stage. Also atleast about 30-40k of those with background checks pending are probably EB based. So It would be a guesstimate but there may be about 300K or so back log of visa numbers needed. However of those a disproportionate number would be EB India. I would conservatively say a third. All guessowrk of course.



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  • jfredr
    05-30 09:06 PM
    I am also in the same situation as ur.

    don't worry u r good.
    bottom portion of I797 is the replacement for ur old i-94.
    It serves as ur i-94.





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  • skd
    08-20 01:28 PM
    that you will attend the DC rally... I won't tell you if I got the receipt notice;)

    (I filed my AOS on July 2 at TSC)

    TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.

    The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!

    So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!

    So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!

    If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:

    http://immigrationvoice.org/forum/showthread.php?t=12566

    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks!

    Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that



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  • sdrblr
    09-11 12:35 PM
    :D

    You cannot mess with that, Can you?

    creative eh!:D:D:D:D

    http://l.pr/a43tu/just_tattoo_the_PR_card_to_your_body





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  • anurakt
    10-04 10:13 AM
    Hi all,
    Thanks for the responses and sorry for Confusions..
    I am giving the scenario more clearly..
    My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
    After mariz surname changed to "Naveena".
    When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
    While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".

    During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".

    Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..

    This is better to understand :

    I think you have two situations here :
    1. When you entered the US , you gave a name as "Prachina" instead of "Naveena" , why did you do this ?
    2.INS Made a mistake on the 797 , this you ask them to correct . Also you have so many names in your nake that it's very uncommon. The computers don't have four fields to put your name ..thus your actual last name got replaced.....

    Again all said, please refer an attorney in this matter.



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  • visves
    01-26 10:25 AM
    I think the contributions are only from those who visit this forum regularly on a day to day basis. I think there are just many people who might have just registered to get some updates but don't necessarily visit this or any other forum regularly.

    A lot of people I know get their updates from the web site of one of the law firms, but don't necessarily participate in this or any other forum. Otherwise, they just carry on with their lives hoping some law will pass some day.

    Some of those to whom I have talked about contributing to IV have politely said they will take a look at it. Otherwise, I feel they have just been institutionalized in their current setup and lives. I don't think the message has really reached them that there is a need to participate and contribute in a organization like IV and try and make a difference.





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  • Macaca
    01-24 08:58 PM
    You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it’s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.

    USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?

    If they did not catch it at PERM, why did they not catch it at the I-140 stage?





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  • vivekjay
    08-05 05:29 PM
    For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.[/QUOTE]

    PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.





    cal97
    12-31 04:38 PM
    My case got transferred from NSC->CSC->NSC. After making numerous calls individually, finally called NSC with my wife online too. Surprisingly she got her FP notices a week after we called where as I am missing mine.

    Further more, my case was scheduled earlier than my wifes application. Not sure what is going on ? Does this sound normal ? Anyone else who received their FP notices separately and were scheduled on different days ?





    chi_shark
    03-23 05:37 PM
    did the io specifically say that? why do they care about other income? i would really like to know... if they are now saying that you cannot have any other income then all those who are trying to do a business on the side while on EAD could be in trouble! right?

    Hello jsb,

    Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.

    Time will tell... :)