bradley emmanuel

its processing time is not more then a week

AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.

Usually tickets bought in India is cheaper - so there are these restrictions.

It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.

Rules might have changed, but this was latest information from my side.

Pappu,

Thanks for the response! I really appreciate that.

I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.

All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.

From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.

Thanks again!

Thanks.
Try to gather more people in the same boat. Once you have a critical mass you can raise that issue better with lawmakers, media, administration...

Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....

a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....

b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......

c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...

Hopefully, these suggestions come in handy for you....... All the very best....

I am in same boat.
Here is my experience with USCIS at San Francisco:-

Went to USCIS SFO Today.
They bluntly told me that they have no process to re-issue I-94s.
Either file an H1 Extension or leave the country and get back in for a new extended I-94.
I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
I asked them if San Francisco CBP will fix it - they said NO,they wont.
Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
So I have to go out to any country other than border countries and only then I-94 will be issued?
How more crazy can USCIS be?

How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.

xxx

I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

Any suggestions from the community out there?

Letter is attached
http://immigrationvoice.org/forum/showthread.php?t=22793

I find closeups are often surprising, gives a different perspective on ordinary subjects.

I updated the posts to include EXIF data for each picture.

called ...

for sure if you go DOL. you can take the help of an attorney to get you the amount based on your past pay stubs.

I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.

Some one has told me that I can use consular processing but have no idea about that.

Please help me and let me know what are possible options for me to return to US.

I am sorry for what happened to you my friend.
This is what I would suggest:

1. Contact your attorney in US and consider options.
2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.

Good Luck.

(PS: Just like it says in above post, you can not apply 485 while outside US)

It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!

Thanks guyz for helping out!

Doesn't matter now, I fixed it! :D
I thought your post was completely logical and I'm interested in knowing if there's a way to draw the USCIS's attention to these bad employers!

I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

Here are the definitions

Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

Let’s consider the following scenario

1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

2) I-140 gets approved and I-485 is pending for more than 180 days.

3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

5) I-485 gets approved.

Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

What if company C is running in loss and not in a position to pay the proffered wage.

Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?

Isn't it done before LC filing?

We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D

Its actually Her...:) Murthy is a She

Screw Murthy !!! I have never seen him picking up any good news.

Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)

Joe, if you haven't noticed by now, I'm a photoshop person, so when I looked at your photos, I picked one that I thought promised the most interest if processed in photoshop, so I liked the 3rd one since it contained elements that draw the eye along into the distance.... I also processed it in photoshop (NO, I did not add or alter anything....just worked with layers and color enhancement... everything you see is in your original photo).

Here's what it looks like with the shadows lifted and the original sky brought out.

Hello Guys...,

I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.

-Sree

[snip...]
As long as you have the I-797 approval petition you are good.

S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.

Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....