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  • GC_1000Watt
    01-05 04:40 PM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.





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  • silvinhaphn
    05-05 02:40 PM
    sorry i forgot to say the date... The approval was on April 27th, and today May 05th I haven't got either the letter or the card.

    Do they come together or there is something wrong for the fact not even my approval letter have came yet?





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  • kondur_007
    10-16 12:11 PM
    I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
    I appriciate your help.
    Thank you

    There are two options here:

    1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS

    2. Send the above documentation to USCIS.

    The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
    I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
    Good Luck.





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  • xstal
    01-21 01:24 AM
    I know this is a little late, but based on the ridiculous snail speed of the VB, this is the first time I scrutinized my I-485 receipt and the USCIS online case check.


    I, like a lot of others, got my I-140 approved, and then slipped in my I-485 application during the July VB fiasco of 2007.

    I have a PDF of the FedEx delivery receipt/signature that it was delivered to the USCIS on July 28th, 2007, a Saturday

    On my Receipt, it says the "Received Date" is July 30th, the Monday. I am not going to dispute that 2 days, especially since it was a Saturday.

    BUT when I go online to check my case status through the USCIS website, it says

    On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Do i need to be concern?

    I maybe being silly here, but I'd appreciate anyone that can answer my question. I mean, their computer is saying they got my package on September 5th! This doesn't even make sense, cos the July VB fiasco window was over by Aug 15th back in 2007!

    Also, just so I know, anyone got their July VB packaged delivered on a Saturday but got a receipt date for the Monday after? (I'll feel a little better if I know I am not cheated here)

    Now, i can get back to being grumpy about the VB retrogression/non-movement saga of 2009.

    thank you everyone!



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  • EndlessWait
    08-09 10:52 AM
    Form versions are fine as long as you downloaded from USCIS..cmon guys give urself a break..dont get too nosy about the details... its all fine..u did based on what you were provided with the latest at that moment..that's it..





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  • BeCoolGuy
    04-16 04:29 PM
    Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!



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  • paskal
    06-13 04:41 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    nothing wrong in convering if one is eligible.
    here is the problem though....each one can judge for themselves, i'm just presenting the facts:

    EB2 requires an advanced degree- lets say it takes anadditional 3 years
    EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
    now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.

    the law of the land gives preference to people with advanced degrees.
    it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.

    you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.

    this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.

    so....





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  • kumar1
    03-05 11:12 AM
    Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.

    You know what I am saying....

    I am apologetic if my message sent any wrong signals anywhere.
    But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.



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  • eagerr2i
    07-20 01:38 PM
    Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

    The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.





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  • Alabaman
    07-11 04:54 PM
    What part of "illegal" does Rep. Hostettler not understand? According to Congressional Quarterly, in April 2004, Rep. John
    Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.

    ---> Culled from IMMIGRATION DAILY WWW.ILW.COM



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  • Jerry2121
    07-02 01:22 PM
    If notice of action for I-485 does not have a priority date written on it, can I still file WOM since I've had an interview 2 years ago without result? How did your wom filing go?
    thanks!





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  • srinivasj
    05-18 02:13 PM
    Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D

    I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...



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  • andycool
    12-28 10:10 AM
    Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...

    I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.

    My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and

    (2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?

    PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.

    Any information in the next 12-24 hours would be greatly appreciated.

    Thanks all, Vick
    Bookmark and Share


    Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94



    Thanks





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  • sidbee
    01-05 10:59 PM
    Following is the Employee Agreement
    EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
    EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
    Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.


    So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
    What else he can do?
    Does this Agreement is Legal? It is specifically referring to Green Card.

    Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.



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  • pvpb
    11-11 10:00 AM
    Hi,
    I got FP notices yesterday (11/10/07)

    Application reached NSC 08/03/07
    transferred to VSC and 485 to TSC
    EAD cards received





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  • snathan
    04-16 01:30 PM
    If you have valid H1 then you are not out of status.



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  • a_yaja
    07-27 10:17 AM
    Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?





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  • ImmigrationAnswerMan
    07-08 10:37 PM
    Anil:

    Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.

    You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.

    I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.





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  • meridiani.planum
    11-04 02:41 AM
    inline...

    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

    yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

    2.)Would she need to be physically here in USA for filing i 485.

    for filing an adjustment of status, which is what you typically want, yes.

    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

    no. a GC through marriage is conditional, yours is through employment, so its not.

    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

    always possible, its the law, its not upto the discretion of the USCIS

    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

    no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))

    6.)Does she also have to do MS to use cross chargeability and file in EB-2

    Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date





    pappu
    09-24 10:14 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.





    sanjay02
    10-17 07:00 PM
    Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?



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