вторник, 14 июня 2011 г.

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  • gulute
    10-19 01:59 AM
    http://immigrationvoice.org/forum/showthread.php?t=13923

    I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
    Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
    On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
    No theoretical guesses please.
    Thanks




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  • gmail
    12-21 12:47 PM
    I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.




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  • mhathi
    06-19 04:43 PM
    1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??

    It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.

    2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??

    Really appreicate your help..

    H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.

    Hope this helps.




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  • pointlesswait
    12-09 11:21 AM
    i have not come across any success stories of USCIS to CP move.

    Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.

    I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.

    you are venturing into the unknown jungles....;-) ..best of luck



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  • maverick_iv
    05-02 11:24 PM
    I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..




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  • makemygc
    07-18 09:07 AM
    My friend's waiting to hear word on her application which is with the Philadelphia Backlog center. I read on here that they will finish processing these applications within the next 2 months and that will be it and at this point she and I are worried because another friend of ours got a letter asking the employer if he was still interested in sponsoring him (this was about 8 months ago or so) whereas she never did. The lawyer (same dope I go to) tells her to just wait, but the deadline is so close, it's scary. So, should she call, what can she do? By the way, she's been waiting since 2001. Thanks!

    What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.



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  • geniousatwork
    05-28 01:41 PM
    I cannot get the approved 140 notice from the employer, so trying to see if I can get it from somewhere else.


    You can also locate the priority date in the I-140 approval notice.




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  • thomachan72
    11-05 03:00 PM
    Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
    A debate on this is probably not warranted, as its subjective to every individual's situation.

    And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.

    This is an infant we are talking about (less than 2 years!).....:o:o:o



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  • raysaikat
    06-05 09:27 PM
    I think my question is: is it possible for USCIS to review the case and change the decision they made after approval? Thanks.

    Yes, it is possible.




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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)



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  • radhay
    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.




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  • smudunuri
    08-07 03:16 PM
    The Story Thus far:

    Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

    I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
    I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse

    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Approval Notice Sent received in mail



    AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
    AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse

    PD: 03/13/03
    I-140 2 (EB2) AD: 05/06/09
    EB2 - India / MI / NSC



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  • japs19
    02-20 01:13 PM
    Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?

    A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.

    I suggest option 1 is the best and works for almost everyone.

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.

    If you have smart lawyer, there should not be any issue.

    Good luck ....:)




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  • ssdtm
    12-11 04:49 PM
    Here is good thread that answers most of your questions

    http://www.immigration-information.com/forums/showthread.php?t=1129&page=6



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  • rick_rajvanshi
    09-12 01:44 AM
    Hi Friends,

    Please read the below query and post any information you have. Thanks in advance for your help !

    I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October

    My current H1 VISA is valid until Nov 2006.

    I am planning to get restmped based on my new H1 petition valid until Sep 2008.

    The problem here is that my passport is valid only until Dec 2007.

    In this case Can I get the new VISA stamped until Sep 2008?
    On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"

    Please post your valuable replies.

    Regards,
    Krishna.


    Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.




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  • beppenyc
    04-09 03:36 PM
    Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
    No, so don`t worry...nothing will happen.



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  • solaris27
    05-22 12:05 PM
    https://www.dol.gov/esa/whd/forms/fts_wh4.htm




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  • theoyilma
    09-10 03:03 PM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo




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  • eborbust
    07-01 09:19 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.

    Search Results - THOMAS (Library of Congress)

    S.2611
    Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)

    SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.

    (a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.

    (b) Adjustment of Status-

    (1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

    `SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.

    `(B) CONTINUOUS PHYSICAL PRESENCE-

    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
    ................

    Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.

    We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...




    anandrajesh
    07-18 10:33 AM
    If you havent contributed anything and still hesitating to contribute, now is the time. You have seen the results as form as the revised bulletin and this relief is temporary. If you want a permanent relief(Green Card) from all this you need to contribute.

    Trust IV CORE. Please start contributing.




    nomad
    08-23 11:33 PM
    I did a concurrent submission of I140 and I485 on July 2nd. As and when the 140 PP comes back, can I get PP done even though I have already sent my application?

    Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).



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