americandesi
04-16 01:49 PM
Theoretically the upper portion of I-797 notice belongs to the petitioner. The text on I-797 notice reads �The petitioner should keep the upper portion of the notice. The lower portion should be given to the worker�.
Original I-797�s might be required under the following 2 circumstances
1) Visa stampings in future.
2) Travel with H1 stamping from previous employer along with I-797 notice from new employer. In such situations the officer at POE may insist on seeing the original I-797 from old employer.
Hence if your friend is not expecting anything in return for I-797 from Wipro (like final settlements, exp. letters etc..), then I would suggest that he keep it.
Original I-797�s might be required under the following 2 circumstances
1) Visa stampings in future.
2) Travel with H1 stamping from previous employer along with I-797 notice from new employer. In such situations the officer at POE may insist on seeing the original I-797 from old employer.
Hence if your friend is not expecting anything in return for I-797 from Wipro (like final settlements, exp. letters etc..), then I would suggest that he keep it.
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illusions
03-27 08:46 PM
i think you'd be fine. Good luck and keep us posted.
pappu
08-27 09:04 AM
hi puding, i am also in the same boat as yours, I need to travel to India during nov 3rd week. I have efiled my AP at nebraska on aug 6th and i am seriously if i will get my AP before that. i have already booked my tickets, and concerned, if i will not get this AP. with the ticket prices these days, even if we postpone/cancel, we lose so much money on top of the AP money that we paid to USCIS. this does not make sense at all. I am going to say this loud, PAPPU or ANY IV admins, can you please help us in this.
We are already helping people facing EAD delays and this issue is linked to it for any processing fix anyways. But we would not take up any individual cases for AP delays at this time. We made a commitment for EAD folks and we will fulfill that. We have helped many people get expedited EADs so that they do not leave their Job or be without driver license. The AP delay is related to it and only a tiny % within this small % that are facing EAd delay will be impacted by it. One would be impacted with AP delays only if the person has to travel. An action item can only be taken up for such folks if there are hundreds of such folks. USCIS would need to see this problem as a widespread issue rather than being faced by a couple of unfortunate people due to case specific reasons. Another lesson learnt while working on EAD delays issue for IV is not to work on issues where people have other options. When people have exhausted all options like service requests, Ombudsman, Senator, Lawyers, info pass etc etc... and they come to IV, we should invest in it. For the EAD delay issue we helped people in mass and many of them were not even donor members or had any interest in IV advocacy work. Such members did not value the hard work we were putting in for getting their EADs approved. We heard nasty comments from some folks as if IV is responsible for their EAD delays/ we are their servants fulfilling all their demands (They will dare not be unprofessional with their lawyers or HR....)... that have demotivated us to work on issues where people are not desperate enough, are not donor members and have no other option left.
We are already helping people facing EAD delays and this issue is linked to it for any processing fix anyways. But we would not take up any individual cases for AP delays at this time. We made a commitment for EAD folks and we will fulfill that. We have helped many people get expedited EADs so that they do not leave their Job or be without driver license. The AP delay is related to it and only a tiny % within this small % that are facing EAd delay will be impacted by it. One would be impacted with AP delays only if the person has to travel. An action item can only be taken up for such folks if there are hundreds of such folks. USCIS would need to see this problem as a widespread issue rather than being faced by a couple of unfortunate people due to case specific reasons. Another lesson learnt while working on EAD delays issue for IV is not to work on issues where people have other options. When people have exhausted all options like service requests, Ombudsman, Senator, Lawyers, info pass etc etc... and they come to IV, we should invest in it. For the EAD delay issue we helped people in mass and many of them were not even donor members or had any interest in IV advocacy work. Such members did not value the hard work we were putting in for getting their EADs approved. We heard nasty comments from some folks as if IV is responsible for their EAD delays/ we are their servants fulfilling all their demands (They will dare not be unprofessional with their lawyers or HR....)... that have demotivated us to work on issues where people are not desperate enough, are not donor members and have no other option left.
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ganguteli
06-22 02:19 PM
Why do you want to know?
It means nothing. Just another jargon to keep you anxious.
It means nothing. Just another jargon to keep you anxious.
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Macaca
10-17 07:22 PM
Some paras from Fair but Unbalanced (http://immigrationvoice.org/forum/showpost.php?p=143978&postcount=62) How the media promote false pessimism about the economy BY BRIAN S. WESBURY | The Wall Street Journal, August 9, 2007
If one guest or expert is a "bull," then the other must be a "bear," to keep things fair. Or, if there is a single guest on air, the host often takes the other side of the issue in order to keep things balanced. Get some sparks between guests, a little argument here or there, and it's even better for the ratings. The bigger the audience, the better the show, that's the way the advertisers see it. It's basic supply and demand.
But this idea of presenting both sides of an issue, while entertaining, informative and seemingly balanced, may paradoxically create a warped perspective [of the economy].
While this is entertaining, and may bring in eyeballs, which sell commercials, this idea of "fair and balanced" debates leaves an impression that the experts are split 50/50, when in reality it's more like 80/20, or 90/10.
But if all the public sees is an endless stream of 50/50 debates, then it is really not that much of a surprise that people think the future is basically a coin toss. And a coin toss, especially in a time of war and terrorism, is not very good odds.
And that's too bad.
If one guest or expert is a "bull," then the other must be a "bear," to keep things fair. Or, if there is a single guest on air, the host often takes the other side of the issue in order to keep things balanced. Get some sparks between guests, a little argument here or there, and it's even better for the ratings. The bigger the audience, the better the show, that's the way the advertisers see it. It's basic supply and demand.
But this idea of presenting both sides of an issue, while entertaining, informative and seemingly balanced, may paradoxically create a warped perspective [of the economy].
While this is entertaining, and may bring in eyeballs, which sell commercials, this idea of "fair and balanced" debates leaves an impression that the experts are split 50/50, when in reality it's more like 80/20, or 90/10.
But if all the public sees is an endless stream of 50/50 debates, then it is really not that much of a surprise that people think the future is basically a coin toss. And a coin toss, especially in a time of war and terrorism, is not very good odds.
And that's too bad.
whitecollarslave
04-16 11:57 AM
I wonder what does Wipro do with the i797s? I don't see any practical use of it.
more...
Pineapple
07-10 09:13 PM
Way back in 2003/2004, Rajiv Khanna's opinion was that it was possible to sue CIS about the slow pace of 485 approvals. (Of course, we are talking ancient history, when retrogression was just a word in the dictionary). AILA was however, convinced it would not work. No one was proved right or wrong, ultimately, since the pace of approvals picked up, and retrogression came along.. But the point is, there is a difference of opinion among lawyers all the time, and it its perfectly normal.
Rajiv Khanna went flat out in early July saying this lawsuit was doomed for failure when AILF was asking everyone to apply to get rejected. However, now he thinks it makes sense to apply and get rejected since there's nothing to lose! It's a different thing that unlike Murthy he's going to charge for refiling.
Anyway, I believe RK's changed his opinion from "not bloody likely" to "not likely". :-)
Thanks,
Jayant
Rajiv Khanna went flat out in early July saying this lawsuit was doomed for failure when AILF was asking everyone to apply to get rejected. However, now he thinks it makes sense to apply and get rejected since there's nothing to lose! It's a different thing that unlike Murthy he's going to charge for refiling.
Anyway, I believe RK's changed his opinion from "not bloody likely" to "not likely". :-)
Thanks,
Jayant
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boldm28
02-12 10:28 AM
just because he is famous does that mean he did not do what he did
Are we sure he is the same guy?
I mean it seems that he is very famous and has written books on US visa....someone like that working for counsulate is clear case of conflict of interests.....But what is surprising that this guy is well known for his work....So not sure if he could hide from them about his work......So is this the same guy who is VO too?
Are we sure he is the same guy?
I mean it seems that he is very famous and has written books on US visa....someone like that working for counsulate is clear case of conflict of interests.....But what is surprising that this guy is well known for his work....So not sure if he could hide from them about his work......So is this the same guy who is VO too?
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Jimi_Hendrix
07-06 11:01 AM
Let me just turn it on the side instead:p
IV Core team, part of what keeps us going and supporting you all and ourselves is some small update about what direction you guys are walking in and any small updates that do not threaten 'national security' :D
Kindly post some update to keep our spirits high.
IV Core team, part of what keeps us going and supporting you all and ourselves is some small update about what direction you guys are walking in and any small updates that do not threaten 'national security' :D
Kindly post some update to keep our spirits high.
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loudoggs
09-12 01:29 PM
Very well explained. Thanks!!
Let me try to explain this, but keep in mind that anything and everything in USCIS is unpredictable!
You asked how is it possible to move the dates back to 2001 after approving cases from 2002 and 2003 in the last 2 months. Here's the answer:
The Cutoff date is set as the PD of the first pending application which is ready to be approved but can not be approved due to unavailability of a visa number.
"Ready to be approved" means all checks are cleared. If they set the PD to say 2003 and approved cases from 2003, that does not mean that ALL cases before that date are ready to be approved. Ssome of them may be stuck in name checks or other checks.. there could be thousands of guys from 2001 and 2002 stuck in various checks. Now after 2 months some of those stuck cases come out of those checks and are ready to be approved, the PD is calculated again and cut off is set to the date of the first application is ready but can not be approved due to unavailability of a visa number.
Assuming there are only 2 visa numbers available per month and they have the following applications pending
Month1
app1 : PD 1/1/2001 stuck in name check
app2 : PD 1/1/2001 stuck in name check
app3 : PD 1/1/2001
app4 : PD 1/1/2002 stuck in name check
app5 : PD 1/1/2002 stuck in name check
app6 : PD 1/1/2003
app7 : PD 1/1/2004
Since they have only visa numbers available for Month1, app3 and app6 can be approved and the cutoff is set to be 1/1/2004(Meaning that applications with PD before 1/1/2004 CAN BE (not WILL BE) approved.
Now they approved app3 and app6 and consumed all numbers available for Month1.
Sometime after this, app1, app2 and app4 come out of name check and aare ready to be approved. Since they only have 2 visas for the next month, they can approve only app1 and app2. App4 becomes the first one that can not be approved due to unavailability, so the PD cutoff for next month is set at 1/1/2002..
I hope this example answers your question as to how the dates can go backwards even after they approve cases with later PDs in the previous months
Let me try to explain this, but keep in mind that anything and everything in USCIS is unpredictable!
You asked how is it possible to move the dates back to 2001 after approving cases from 2002 and 2003 in the last 2 months. Here's the answer:
The Cutoff date is set as the PD of the first pending application which is ready to be approved but can not be approved due to unavailability of a visa number.
"Ready to be approved" means all checks are cleared. If they set the PD to say 2003 and approved cases from 2003, that does not mean that ALL cases before that date are ready to be approved. Ssome of them may be stuck in name checks or other checks.. there could be thousands of guys from 2001 and 2002 stuck in various checks. Now after 2 months some of those stuck cases come out of those checks and are ready to be approved, the PD is calculated again and cut off is set to the date of the first application is ready but can not be approved due to unavailability of a visa number.
Assuming there are only 2 visa numbers available per month and they have the following applications pending
Month1
app1 : PD 1/1/2001 stuck in name check
app2 : PD 1/1/2001 stuck in name check
app3 : PD 1/1/2001
app4 : PD 1/1/2002 stuck in name check
app5 : PD 1/1/2002 stuck in name check
app6 : PD 1/1/2003
app7 : PD 1/1/2004
Since they have only visa numbers available for Month1, app3 and app6 can be approved and the cutoff is set to be 1/1/2004(Meaning that applications with PD before 1/1/2004 CAN BE (not WILL BE) approved.
Now they approved app3 and app6 and consumed all numbers available for Month1.
Sometime after this, app1, app2 and app4 come out of name check and aare ready to be approved. Since they only have 2 visas for the next month, they can approve only app1 and app2. App4 becomes the first one that can not be approved due to unavailability, so the PD cutoff for next month is set at 1/1/2002..
I hope this example answers your question as to how the dates can go backwards even after they approve cases with later PDs in the previous months
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amits
07-11 07:29 PM
I am in Scottsdale, AZ.
What's the plan?
What's the plan?
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apb
08-22 06:56 PM
Are you guys saying that:
If I have an expired H1 visa in my passport but I have a valid H1 extension I797 with a valid I-94, I can re-enter US withing 30 days after leaving US to canada? Is that true based on visa revalidation eventhough I don't have any valid stamped visa in my passport
I am from India. Ppl from Iran, syria, etc (7 countries) do not have this privilage.
You must not apply for stamping in US consulate.
You must not travel to another country from Canada
You should be back within 30 days
The Expired Visa on your passport must match the current I797/I94
Hope this helps.
If I have an expired H1 visa in my passport but I have a valid H1 extension I797 with a valid I-94, I can re-enter US withing 30 days after leaving US to canada? Is that true based on visa revalidation eventhough I don't have any valid stamped visa in my passport
I am from India. Ppl from Iran, syria, etc (7 countries) do not have this privilage.
You must not apply for stamping in US consulate.
You must not travel to another country from Canada
You should be back within 30 days
The Expired Visa on your passport must match the current I797/I94
Hope this helps.
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mail2me_Ds
09-17 04:45 PM
I mailed to CISOmbudsman.Publicaffairs@dhs.gov asking the same question that IO said not approved but USCIS mailed for CPO and they did confirm my 485 was approved. they told me the correct date when it happened.
let me know what you hear from them. Please do include your 485 receipt number too when you mail them.
Thanks,
Thank you very much for the information. Can you please send me the template letter that I can refer to while emailing to Ombudsman.
Thank you,
let me know what you hear from them. Please do include your 485 receipt number too when you mail them.
Thanks,
Thank you very much for the information. Can you please send me the template letter that I can refer to while emailing to Ombudsman.
Thank you,
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Guig0
02-24 01:55 PM
new kind of battle in kirupaville, and great entries...
Great job everyone!=)
i voted for mariofan coz his work was so well planned... it has no ending and no begining...very nice :A+:
reminds me a lot of disco art :phil:
Great job everyone!=)
i voted for mariofan coz his work was so well planned... it has no ending and no begining...very nice :A+:
reminds me a lot of disco art :phil:
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ajm
07-08 12:24 AM
Given that you will be starting at almost the same point in the process whether or not you decide to switch, the GC issue is tangential to your decision. The question then becomes: will changing jobs advance your career? You will have to answer that yourself but from what you have described about the old/new jobs, I would have accepted the new offer.
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waiting4gc
08-13 06:20 PM
Also please mention your lawyer's name and your experience on the thread where core is asking people to post information about bad experiences with lawyers.
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fall2004us
05-04 08:48 PM
I agree that the reason to get your H1 extended as backup plan is to be prepared in a worst case scenario.
But still I don't understnd the need to get the visa stamped. Getting the visa stamped is just for the purpose of letting you in (this doesn't give you additional status, don't know if this is required/help for DL in some state). AP serves that purpose 100%. Once you are in you can work on your EAD/H1 as long it is valid, irrespective of what is stamped in your passport in the form of visa/I94.
As long as you plan to keep your AP extended on time (just for travel purposes) there is no need of getting visa stamped. I had this detailed discussion with couple of immigration attorneys who are doing this for years. And this what I learned....
Once you file you I485
1) Keep your AP renewed promptly. This will make sure you have no travel restrictions.
2) Get your EAD renewed promptly. This will help you in case you have switch job to an employer who does not want to sponsor H1B.
3) Get your H1B renewed to be prepared for the worst case ("Secondary insurance" term referred by my company attorney).
4) Don't bother getting your H1B stamped. Enter using AP. This was a big message from our attorney. This way you can save $300 - 500 and couple of days of your vaccation back home and avoid all the hassle at consulate.
thanks kittu1991, your suggestion is well taken and it completely makes sense.
But still I don't understnd the need to get the visa stamped. Getting the visa stamped is just for the purpose of letting you in (this doesn't give you additional status, don't know if this is required/help for DL in some state). AP serves that purpose 100%. Once you are in you can work on your EAD/H1 as long it is valid, irrespective of what is stamped in your passport in the form of visa/I94.
As long as you plan to keep your AP extended on time (just for travel purposes) there is no need of getting visa stamped. I had this detailed discussion with couple of immigration attorneys who are doing this for years. And this what I learned....
Once you file you I485
1) Keep your AP renewed promptly. This will make sure you have no travel restrictions.
2) Get your EAD renewed promptly. This will help you in case you have switch job to an employer who does not want to sponsor H1B.
3) Get your H1B renewed to be prepared for the worst case ("Secondary insurance" term referred by my company attorney).
4) Don't bother getting your H1B stamped. Enter using AP. This was a big message from our attorney. This way you can save $300 - 500 and couple of days of your vaccation back home and avoid all the hassle at consulate.
thanks kittu1991, your suggestion is well taken and it completely makes sense.
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hsd31
06-15 11:48 AM
With PERM, you have to go though the pre-filing recruitment/advertisment steps before you can file. That can take anywhere from 4-6 weeks. Talk with your new company and see if they can get that started ASAP. Once the LC is filed and if you are lucky, you can get the approval in 2-3 weeks or maybe sooner. It is very tight for July 31st with the new company.
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dan19
02-23 09:01 AM
I have an I-140 approved with my current company (A). I am entering the 6th year of my H1.
I am now deciding to change company. The new company (B) will file my PERM - they will try to get it approved before the end of the 6th year. But there won't be time left for a new I-140 to be filed.
Questions:
1. Do I need a new I-140 for applying for H1 extension from my new company (B)? Will just Labor Certification be enough?
2. If I don't get my Labor Certification on time, can I still be eligible to extend my H1 using the old I-140?
Any suggestions will be appreciated.
I am now deciding to change company. The new company (B) will file my PERM - they will try to get it approved before the end of the 6th year. But there won't be time left for a new I-140 to be filed.
Questions:
1. Do I need a new I-140 for applying for H1 extension from my new company (B)? Will just Labor Certification be enough?
2. If I don't get my Labor Certification on time, can I still be eligible to extend my H1 using the old I-140?
Any suggestions will be appreciated.
rameshvaid
09-15 08:19 PM
Hi,
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).
I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.
Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?
Does anybody know what is being done in the name of additional administrative processing?
Thanks.
As long as your company is legitimate and in existance, You will be just fine it is a matter of time. Same thing happened to me and my family last year in Montreal and it tooks 55 days to get our passports back..
Yes, you are right, u should have used AP but the lawyers want to make more money and always advise for H1 and same thing was advised to me..
You can search my thread "Stuck in Montreal" and will know what pain I have gone through.
Just sit tight and hope your company understands the same. If possible have your attorney send them letters every week through AILA and ask/provide them any and all info. they need. This might work in your favor. My attorney used to send them letters every week and I am sure this did work foe me.
Good Luck..
RV
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).
I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.
Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?
Does anybody know what is being done in the name of additional administrative processing?
Thanks.
As long as your company is legitimate and in existance, You will be just fine it is a matter of time. Same thing happened to me and my family last year in Montreal and it tooks 55 days to get our passports back..
Yes, you are right, u should have used AP but the lawyers want to make more money and always advise for H1 and same thing was advised to me..
You can search my thread "Stuck in Montreal" and will know what pain I have gone through.
Just sit tight and hope your company understands the same. If possible have your attorney send them letters every week through AILA and ask/provide them any and all info. they need. This might work in your favor. My attorney used to send them letters every week and I am sure this did work foe me.
Good Luck..
RV
pappu
02-15 12:34 PM
Good effort and the thread.
we have been appealing members to approach their employers and have them help us in our struggle. We need members helping out with this effort. IV can help you once your company is ready to help. we can then get in touch with your company's senior management to discuss it if needed.
we have been appealing members to approach their employers and have them help us in our struggle. We need members helping out with this effort. IV can help you once your company is ready to help. we can then get in touch with your company's senior management to discuss it if needed.
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