shirish
03-14 03:20 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
You are right. I checked it with Germen consulate in DC few days back.
You are right. I checked it with Germen consulate in DC few days back.
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clif
06-07 10:03 AM
You can change jobs. Make sure you (or your attorney) send the AC21 letter to USCIS before your employer revokes the approved I-140. If you do that, the revokation won't have much effect, otherwise you may get NOID (Notice of Intent to Deny).
indyanguy
11-14 10:38 AM
1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
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smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
more...
starscream
06-23 09:40 PM
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
“What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
“The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”
“There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
“We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
“What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
“The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”
“There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
“We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.
Schumer will also attend the White House meeting Thursday.
vkmurthy260
06-20 05:48 PM
Hi,
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
more...
rockstart
01-08 09:10 AM
I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?
The article is absolutely correct. The example would be a person was born in 1974 and at that time his/her birth was not registered for any reason. Then say for making passport or for GC process this birth was registered later in like 1998 which is like 24 years after the event. USCIS might not accept the birth certificate as authentic. Please refer to IV wiki for details on how such cases can be resolved. There are many people who have been thro this and though its not easy to answer this query there are enough documents that can be attached as supplimentry evidence to authenticate your BC.
The article is absolutely correct. The example would be a person was born in 1974 and at that time his/her birth was not registered for any reason. Then say for making passport or for GC process this birth was registered later in like 1998 which is like 24 years after the event. USCIS might not accept the birth certificate as authentic. Please refer to IV wiki for details on how such cases can be resolved. There are many people who have been thro this and though its not easy to answer this query there are enough documents that can be attached as supplimentry evidence to authenticate your BC.
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hemya
12-10 11:44 AM
any suggestions if 140 is not approved?
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
more...
navyug
10-13 10:22 PM
Hi,
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
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Motivated
10-27 09:22 AM
to Motivated...
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
more...
ameerka_dream
04-15 10:26 AM
^^^^^^^^^^bump^^^^^^^^^^
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cleopatra
02-17 08:27 AM
Read the following two stories.
Story 1
Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.
"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.
I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.
After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.
There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.
At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.
But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.
But nothing changed.
There was no end in sight and eventually what was a pleasant life started turning bad due to various rules being enacted to push people like me away. They succeeded and I left America.
After I had to leave america, I came back to this country and had a decent life. But I still liked my life in america and I wanted to live there. But I could not achieve that dream.
When I thought about what went wrong, I realized that the reason is I did not see the opportunity that presented itself to me - To join others and work together to resolve my problems.
I thought someone else would do the work. Maybe others thought the same way too. So eventually there was not a huge crowd explaining our problems. So it was not seen as a serious issue and so nothing was addressed.
When I think back now, if I had seen the opportunity and united with others like me, I would have got what I wanted.
So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."
Story 1
Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.
"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.
I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.
After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.
There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.
At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.
But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.
But nothing changed.
There was no end in sight and eventually what was a pleasant life started turning bad due to various rules being enacted to push people like me away. They succeeded and I left America.
After I had to leave america, I came back to this country and had a decent life. But I still liked my life in america and I wanted to live there. But I could not achieve that dream.
When I thought about what went wrong, I realized that the reason is I did not see the opportunity that presented itself to me - To join others and work together to resolve my problems.
I thought someone else would do the work. Maybe others thought the same way too. So eventually there was not a huge crowd explaining our problems. So it was not seen as a serious issue and so nothing was addressed.
When I think back now, if I had seen the opportunity and united with others like me, I would have got what I wanted.
So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."
more...
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webm
01-23 10:19 AM
Sounds great..esp TSC dates.
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transpass
07-16 11:42 AM
Can any one tell what is written on Eb3 I 140. I am assuming it will be
Sec 203 (b) (3)
but is there any text associated?
This is my understanding, when I look the 140 form...
You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...
EB1--
203(b) (1) (A) Alien of Extraordinary ability
203 (b) (1) (B) Outstanding professor or researcher
EB2---
203(b) (2) Member of professions w/adv degree or exceptional ability
EB3--
203 (b) (3) (A) (i) Skilled worker
203 (b) (3) (A) (ii) Professional
Just My 2 Cents...
Sec 203 (b) (3)
but is there any text associated?
This is my understanding, when I look the 140 form...
You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...
EB1--
203(b) (1) (A) Alien of Extraordinary ability
203 (b) (1) (B) Outstanding professor or researcher
EB2---
203(b) (2) Member of professions w/adv degree or exceptional ability
EB3--
203 (b) (3) (A) (i) Skilled worker
203 (b) (3) (A) (ii) Professional
Just My 2 Cents...
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martinvisalaw
11-25 01:10 PM
I can't really answer your question without more details, but here are some factors to consider:
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
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msekhargc
02-13 05:08 PM
Want multi-year EAD !
Want to get out of retrogression !!
Want to get GC faster !!!
Then click here on IV
Want to get out of retrogression !!
Want to get GC faster !!!
Then click here on IV
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gc_kaavaali
11-14 04:36 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^
who gave me red mark?
somebody gave red mark...what happened???
who gave me red mark?
somebody gave red mark...what happened???
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LostInGCProcess
09-15 12:03 PM
This is truly a great idea. We must show the 'family' face of our struggle. This country is built on compassion (at least that's what they claim in the mainstream media). Each one of us must send one family picture to the President of United States and urge him to take a closer look at the current USCIS process and make it better.
I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.
Good Idea!!
I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.
Good Idea!!
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crystal
10-18 10:56 AM
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
C. Personal Check in Mail:
You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.
Immigration Voice
PO Box 114
Dayton, NJ - 08810
C. Personal Check in Mail:
You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.
Immigration Voice
PO Box 114
Dayton, NJ - 08810
Aah_GC
07-25 10:14 AM
Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.
Good luck.
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
Good luck.
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
makemygc
07-18 11:37 PM
Check with this:
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
You may want to PM pappu or logiclife for that.
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
You may want to PM pappu or logiclife for that.
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