Thursday, June 23, 2011

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  • desijackass
    11-02 09:34 AM
    I got my H1 B stamped in Oct 2010 at the Vancouver consulate.

    Step 1:
    The first thing you need to get an appointment at Vancouver consulate is to visit their website (Vancouver • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/vancouver.asp)). Instructions on the website are pretty straightforward. Use the online system to enter all your information and fill up the DS160 electronically. Upload a recent photo (within 6 months). I saw a number of people have to produce newer photos when I was at the consulate because the ones they provided were too old. If you screw up on that , don't worry there is a photo booth inside the consulate (that is super expensive) and you can get pics there. There is also a store across from the consulate where you can get pics.,\
    Once you fill up your DS 160, continue the application process for the visa, and at the very last step you can request a date. I did mine a month in advance and I think the system releases dates only 1 month in advance. My appointment was on Oct18 and the system allowed me to change dates upto Oct 15. Pay the online fee using your credit card and make sure you have a printer handy. The reciept they send you is important and make sure you print it out immediately. I did not find another spot where you could print it.

    Step 2:
    Now that you have an appointment , if you are Indian , you will need a valid visa for Canada. Goto the Canadian consulate website for the USA and depending on your nearest consulate send the application. Please remember the Canadian consulate is not as efficient as the US consulate and allow at least 3 weeks for them to process your visa. Mine took over 15 days and they sent the passport back regular ordinary mail. The passport reached a day late , so I had to rebook my airline tickets. If you plan things well , you can get your passport back and book tickets then. I have read online that you can send them an express mail cover , but I didn't see anything of that sort on the website, you can try it, worst case you will be out $20. The Canadian form is a pain , but once that is done, just mail everything in. For Canada I said reason for visit was "tourism" , didnt really talk about the Visa renewal. I included bank documents, and last 3 paystubs. You don't need a valid US visa to go to Canada because technically the H1B document is valid for return.

    Step 3:
    Assuming you have got your Canadian visa, buy airline tickets to Seattle, it is much cheaper than buying tickets to Vancouver. Once there there are a number of ways to cross the border. You can be super cheap and take a bus , or if you have friends and family you can rent a car and drive across. My car rental rate for the whole week was $275. Vancouver has a great public transport system and you do not really need a car there.
    I crossed over at midnight so there was no traffic, the lazy Canadian border guard didn't really care , barely looked and my passport and waved me through. (Makes sense that they don't care that much because the US is so strict, if you are here and crossing over, you are probably legal!) Don't take any food across, thats one of the questions they ask you, and if you do have any , it would probably be a hasssle.

    Step 4:
    Now that you are in Canada, you don't have to stay downtown Vancouver. I pricelined a hotel (Hilton) in Burnaby, which is the next suburb also called metro town. $75 a night , whcih was a great deal for the hotel, right across from a really large shopping mall.It was also 5 mins walk from their sky train system.I would suggest getting a hotel for atleast 3 days. and then getting more if you required. So I parked my car there. Monday morning , interview day, I took the skytrain downtown, I think the stop was waterfront or the one before that, sky trains are empty, fast and efficient <20mins to get downtown and $3.5 for the ticket. 5mins walk from the station to 1075 w pender street where the consulate is located. There are hardly any signs, so you may have to ask around. Hint: the consulate is in the same building as the Starbucks. Don't bother going early than 20 mins, because you will just stand around waiting. 20 mins in to your appointment, make your way to the consulate.
    You will need your passport, supporting documents (just the bar code DS160 reciept), pay stubs, H1B notice etc
    They will do a preliminary check at the entrance,DO NOT TAKE YOUR CELL PHONE or any electronics with you, you will be sent away.
    After that you go to this dull , drab room, where you sit around for about 1/2 hour till they check your docs and wait for finger printing. They are usually very friendly there, any discrepancy , they let you correct it, not like Chennai where they kick you out.
    After 1/2 hour I got finger printed then was taken up to the 20th floor, where I had to wait for 5 mins.When my number was called.
    I then went up to the counter, the lady asked my what I did, where I worked (Usual BS), it was my third renewal, so it was pretty lax. I work for a Big 10 school, so it wasn't much of a problem. I was done in 5 mins, and she said that she was sticking sticker on my passport so I could come back on Wednesday and pick it up, or I could have it sent to DHL, I said , I would come back.
    I was out of there, I then explored Vancouver for a couple of days, went back to consulate on Wednesday when a security guard handed me my passport. I pricelined the same hotel and extended my stay for a few days, then drove back to Seattle.
    On my return, my entry was smooth, they checked my paperwork, american border guards were very efficient and friendly. It was a half hour wait at peach arch, and I was there at 7 am. I did notice lines getting bigger. I had to pay$6 for a new I-94 and then drove to Seattle airport and was out of there.





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  • lostinbeta
    10-16 01:00 PM
    It is a default shape in Photoshop 7. You can view my attachment to see what it looks like.

    They might have it in Photoshop 6, not sure.





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  • sounakc
    07-10 05:49 PM
    thanks for your prompt reply...

    cheers

    You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)





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  • eucalyptus.mp
    02-18 09:02 AM
    As my employer is asking me to go back to India , what options I am having to get extention ? Can I file GC my own ?



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  • lost_in_gc_land
    01-31 01:18 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!

    Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?





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  • santb1975
    10-15 05:59 PM
    I will sign up on the Yahoo Groups as well



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  • jayleno
    07-09 08:44 AM
    I think most would agree that this not a case of abuse. Its just an issue between two people. Sort this out with your employer. If he has really over paid you, isn't your 2 weeks salary lot less that 8K?

    One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.

    After 2 months, I quit with 2 weeks notice.
    Now he wants $8000 back or he won't pay my last 2 weeks.

    I am on EAD and don't know what to do?

    Can anybody advice?





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  • nomorelogins
    11-21 11:51 AM
    please close this thread.



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  • rvr_jcop
    02-18 11:15 AM
    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.

    I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...





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  • suriajay12
    03-26 09:05 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK

    Voted UP for anything to do with legal immigraiton. 3-4 more hours its open.



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  • averagedesi
    08-31 11:41 AM
    I am not sure what you mean by there is no issue with my EAD.

    Here is an excerpt from an USCIS FAQ

    Who is eligible for an EAD that is valid for two years?

    The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.

    Here is the actual link to the FAQ

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD

    So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.





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  • kaisersose
    06-10 02:20 PM
    You should avoid phrases such as "fast track green card". That is being presumptious.

    Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.

    The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.



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  • roseball
    10-08 06:32 PM
    Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?

    Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.

    Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).





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  • immi_2006
    10-09 10:47 AM
    Which document to produce for people on EAD and AP?



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  • smbaps
    08-10 04:54 PM
    how did you apply on june.The dates were not current as per May visa bulletin.This is strange man......





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  • 99mutd08
    06-18 03:50 PM
    Nathu lodge is good to stay for 30 rs/night. This is behind the big koorakarkat near the laddoo baba temple. Just across the street from 2 coconut trees and coconut waterwaala.

    Nathu lodge...30 Rs/night...lol.....good luck finding that



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  • bestofall
    07-28 04:27 PM
    CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008

    Is any one would like to join this !





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  • sixburgh
    06-28 06:03 PM
    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

    Thanks for your reply. It helps understand the process.

    The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.





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  • Edison99
    09-15 12:30 PM
    Enjoy the freedom!
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.





    felix31
    06-05 03:16 PM
    I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.

    Pappu,

    I guess the uprooting thing depends on many other issues....

    E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.

    However the retro thing is ruining everything (just like so many others here - we are not an exception).

    In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
    Will that help me? No, sir!

    We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).

    So, in our case - moving to Canada is much like moving to another State...
    Not a big deal...It certainly will not be the first time to rent U-haul. :)

    What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.

    It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..

    I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.

    Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
    If one spouse suffers and is not happy, how can the other be content?

    He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
    We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.

    I would LOVE to work, BUT - as H4 - I can only dream about that.

    Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.

    Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.

    In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.





    sodh
    07-27 04:08 PM
    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
    Do not leave them blank write none in the Allien#



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