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  • theconfused
    04-02 10:21 PM
    Hey Dontcareanymore,

    You are right.

    For other folks, here is the summary -

    1) Got H1B visa stamp valid from August 2007 till August 2010.

    2) Started working from October 2007 and Was laid off in November 2007.

    3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

    4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

    6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

    7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

    8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

    9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

    10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

    11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

    12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

    13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

    14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

    15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

    16) On 16th March 2010, got an email from embassy that they need my passport.

    17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

    18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

    19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

    20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

    21) Passport was sent back to me on 1st April 2010 with the visa stamped.

    22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

    23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

    Please feel free to ask any question.

    Thanks a lot to all of you reading this...





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  • anilsal
    11-26 05:28 PM
    Regarding surrendering I-94 upon departure, it has happened that the airline agent forgets to take it out.

    On your return it is removed and a fresh one is given at port of entry (no questions asked).





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  • gregspirited
    03-25 02:18 PM
    She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
    We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
    So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
    If you need details then PM me.
    Everyone has their own priorities and their own way of dealing with the situations.

    Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

    I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

    Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)





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  • logiclife
    07-23 11:11 AM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?


    GUYS: Do not advise if you dont know AC21 portability for sure.

    To CanadianIndian:

    No. Nothing will be impacted. You can move to a new location.

    During the first 180 days:
    You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

    After 180 days of filing:
    You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

    If you 485 is approved in less than 180 days:
    This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.



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  • indyanguy
    08-24 01:45 PM
    Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?





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  • priderock
    05-31 03:43 PM
    14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
    Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
    Sen Cantwell, Maria [WA] - 5/15/2007
    Sen Hagel, Chuck [NE] - 5/15/2007
    Sen Voinovich, George V. [OH] - 5/15/2007

    Committees: Senate Judiciary
    Latest Major Action: 5/15/2007 Referred to Senate committee.
    Status: Read twice and referred to the Committee on the Judiciary.


    Excerpts of text:

    (a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    `(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.

    `(G) Aliens who--

    `(i) have earned an advanced degree in science, technology, engineering, or mathematics; and

    `(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens who--

    `(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

    `(ii) have received a national interest waiver under section 203(b)(2)(B).

    `(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    (b) Adjustment of Status for Employment-Based Immigrants-

    (1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

    `(n) Adjustment of Status to Employment-Based Immigrant-

    `(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--

    `(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or

    `(B) in the discretion of the Secretary, the adjudication of such petition is pending.

    `(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).

    `(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.

    `(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--

    `(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and

    `(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.

    (2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--

    (A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and

    (B) in subsection (n)--

    (i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and

    (ii) by adding at the end the following:

    `(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.

    (c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--

    (1) pending on the date of the enactment of this Act; or

    (2) filed on or after such date.



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  • krishmunn
    04-25 04:22 PM
    I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI

    1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.

    .

    Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .

    As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.

    I would say there is not a single travel insurance company (US or India) which provides good service.





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  • rayoflight
    05-05 04:07 PM
    Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.



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  • missourian
    11-05 08:08 PM
    Texas IV group Goooooo!!!





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  • div_bell_2003
    03-25 09:20 PM
    I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).



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  • amitjoey
    05-02 07:00 PM
    gcnirvana, you are awesome. These words mean a lot.





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  • sbmallik
    06-12 03:30 PM
    Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.



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  • garika
    12-30 07:22 PM
    I agree with the monetary clout aspect of the argument and would participate in such an effort. I also feel we have to initiate high visibility events on the lines of the DC event. Two suggestions I would like to float,

    (1) Can state chapter memberships be made paid for with annual memberships. There are efforts to channelize information through the state chapters (and rightly so) - there could be others such benefits that can be made available in due course.

    (2) Can we extend/magnify the entrepreneural theme of IV (beyond a discussion thread) by having a substantial program dedicated to the entrepreneurship aspirations of a good number of IV members - have a business plan competition amongst members, garner support of successful immigrant entrepreneurs as part of the program, have webinars to educate legal aspects and barriers faced (due to our limbo). In essence, make visible the entrepreneural potential locked. Also, it might help transform our image from job takers to job creators. We can partner with other entrepreneural support organizations to fund the program. If we can execute a truly great Business Plan competition and attract venture capital funds we can have certain percentage of venture funding go to IV. If IV members and core think that this suggestion has some merit, I can help evaluate/extend/shape the idea with other like minded individuals.





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  • ujjvalkoul
    01-30 06:04 PM
    in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....

    We are looking at a big mess folks...

    -----------------------------------------------------------------
    Comment: Commenters said that this provision would be unduly
    burdensome for many individuals who have lawful status for extended
    periods of time, such as F and J visa holders, and specifically
    expressed concern that the rule is eliminating a long-standing
    provision for J-1 participants, who, under State Department
    regulations, are entitled to a thirty-day grace period after completion
    of their programs to travel within the United States One of these
    commenters suggested that States be allowed to use the end dates listed
    on the certificates of eligibility for each of these visa types as the
    ``ending date'' of status for the purpose of obtaining a driver's
    license.
    Response: Again, the determination for lawful status in the United
    States will be made by the SAVE system, not particular documents. SAVE
    takes into account the grace periods to which those in certain F and J
    statuses are generally entitled. It should be noted, however, that
    since F and J non-immigrants are admitted for ``duration of status,''
    which is an indeterminate period, they would normally be issued
    licenses valid for one year.



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  • nashim
    08-14 03:26 PM
    After seeing this type of RFE, it looks like IO comes under EB10 category but fortunately/ unfortunately EB10 does not exist that’s why they fall under citizen category.





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  • nashim
    08-11 11:28 AM
    It will be easy to reconcile if some one creates a single polling post from 2001 to 2008



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  • Steve Mitchell
    January 3rd, 2005, 01:06 PM
    As of 1-03-2005:

    PC World Top Ten Digital Cameras




    [/url]
    Cyber-shot DSC-W1 Silver Digital Camera (Sony) (http://www.dphoto.us/news/node/add/blog?iid=34590)

    Ultra Zoom C-765 Digital Camera (Olympus) (http://www.dphoto.us/news/node/add/blog?iid=34414)

    Powershot A75 Digital Camera (Canon) (http://www.dphoto.us/news/node/add/blog?iid=33595)

    PowerShot S1 IS Digital Camera (Canon) (http://www.dphoto.us/news/node/add/blog?iid=32926)

    PowerShot S500 Digital Camera (Canon) (http://www.dphoto.us/news/node/add/blog?iid=14288)

    PowerShot S410 Digital Camera (Canon) (http://www.dphoto.us/news/node/add/blog?iid=8611)

    Wide Zoom C-5060 Digital Camera (Olympus) (http://www.dphoto.us/news/node/add/blog?iid=1929)

    D70 SLR Digital Camera (Nikon) (http://www.dphoto.us/news/node/add/blog?iid=972)

    Cybershot DSC-T1 Digital Camera (Sony) (http://www.dphoto.us/news/node/add/blog?iid=703)

    [url="http://pcworld.pricegrabber.com/search_getprod.php?masterid=631669&mode=pcw_rss&RSS=RSS"]CoolPix 4300 Digital Camera (Nikon) (http://www.dphoto.us/news/node/add/blog?iid=701)

    221(g) - Unemployment Wage report [Archive] - Immigration Voice

    View Full Version : 221(g) - Unemployment Wage report






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  • lermitthefrog
    06-06 05:22 PM
    I'm the team leader's assistance of the TGG team. So far we haven't made any profits so it's free but it's a lot of fun. Maybe you'll get paided someday but it's not guranteed. We would like a web site designer. We have a website but it isn't all that good. If interested email me at DiaboloMike90@yahoo.com , go to these 2 sites http://s7.invisionfree.com/TGG_Team_Forum/ or http://gamesguy.bravehost.com/Team.htm





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  • whitecollarslave
    03-20 08:38 PM
    Why you wanna get arrested :D

    Can you explain how/why a peaceful rally and/or a fast will get somebody arrested?





    Michael chertoff
    07-22 10:51 AM
    Pappu:

    Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..

    See after ten twenty minutes I will have RED DOT.

    here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.

    for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.

    I know man you can ban me from this forum anytime.

    Just my views.

    Please delete it if you dont like post.....sorry.

    MC





    grupak
    08-29 11:43 AM
    We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?

    Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.

    Do you folks think this a good option to pursue?

    Lets put it to work.



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