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hebbar77

09-16 12:25 PM

I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....

I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.

Note : I am not a attorney...

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snathan

12-09 10:52 AM

Hi
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,

Thanks for letting us know...

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cox

October 7th, 2005, 09:58 AM

My experience is that even with the "1/focal length" rule (or maybe it should be "1/(focal length x crop factor)") is a bit optimistic with these long tele shots. Maybe it can work if you have really good technique and a sturdy tripod but I like to use a much shorter shutter time if possible.

Well, I do okay with it, though I will go faster if there's enough light of course. I like the quality at ISO400, and usually stay there or below. The tripod is essential, I bought a big Gitzo carbon fiber model which is light, but will hold ~32lbs. With a wide stance on the legs, I can shoot, & pan reliably with the Wimberly.

NRE Account [Archive] - Immigration Voice

View Full Version : NRE Account

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abhisam

07-19 03:20 PM

:D

Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:

And yes, I am totally new to IV. The way it has been effective, I will surely contribute...

Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.

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qasleuth

06-03 04:36 PM

If you are on H1B then your status is not AOS, IT IS H1B. When you do not extend your visa status and get onto EAD or your dependents' H4 expires without EAD, then the status becomes AOS in which case you need AP to travel.

I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*

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desi3933

06-18 02:56 PM

Hi Gurus,

Please comment on my situation.

My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.

2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.

Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.

3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.

4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.

Thanks in advance!

See above in blue. This is NOT a legal advice.

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diqingshen

04-09 10:23 AM

We must think about what we do after CIR fails.

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adi787

08-29 05:57 PM

Hello RamK

Can you please let me know, what you did finally?

I'm in the same boat.

awaiting for your reply.

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saketkapur

08-18 06:40 PM

filing ar-11 is mandatory so please do it.........

also if your new job meets all the legal requirements then getting a RFE should not be an issue just a nag........

I my experience RFE is generated in one of the following 2 cases:

1. Filing AC21( I am against filing it as long its not requested by USCIS as its not mandatory and sometimes just triggers unwanted attention to your case......

2. If your 140 is revoked by the previous employer....in this case you can bet that an RFE is going to be generated for sure if not worse like NOID etc...........In this case actually filing AC 21 might be a better option......

Above is just my experience and every case is different....this is not legal advice in any way........
if you want more clarifications feel free to PM me........

but again file your AR-11 RFE or not............its mandatory.......

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rajnag21

08-08 10:31 AM

Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.

Please advise.

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ski_dude12

08-09 01:09 PM

The top reason would be-

"We are the USCIS".

What say?

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sthurumella

10-08 06:05 PM

oh man..how many days we have to see the same date...I hoped it will move up...waiting eagerly to see sep'06

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dbevis

January 20th, 2004, 10:14 PM

Hard to tell from this (reduced) image, but the goose is not on one of the focus points so I suspect the camera selected the ducks in the background. The depth of field for your conditions is around 8 feet so you can see it's easy for much of the image (and the goose in particular) to be out of focus.

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dealsnet

04-02 04:02 PM

You will not get another 6 months, if you go anywhere in North America.
You need to go Europe or Asia.
Extension is no longer allowed. It was allowed 2 years back.
Only way is to go out to India, or apply extension with USCIS.

So Let me get this clear in my head..

If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.

Thanks

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GB2India

08-19 01:09 AM

thanks, it is in the same company and is promotion to manager

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chantu

06-20 03:11 PM

I am also planning to do that. I think we can do that but I will clarify with my attorney next week.

Please let us know what he says!

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psk79

08-24 08:50 PM

Hi guys,

I know J Barrett has been a star of this forum for a while.

I just wanted to check if anyone in a similar situation as mine as received any update on their 485.

140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM

Thanks.

I am in the same boat.. Jul2, NSC filesd I140 approved in TSC received by BArrett @1025am

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learning01

02-23 03:06 PM

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/22/AR2006022202446_pf.html

Scientist's Visa Denial Sparks Outrage in India
By Shankar Vedantam
Washington Post Staff Writer
Thursday, February 23, 2006; A01
A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
"It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
"This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
"I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
"If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
"Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
�*2006*The Washington Post Company

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immigrationvoice1

04-03 06:56 PM

I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
please advice

thanks
gcwant

120 days (maximum) from the date of expiry of your EAD. The same applies for AP, if I am not wrong.

desi3933

03-05 12:24 PM

There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?

Thanks a lot.

The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?

whiteStallion

05-19 01:53 PM

Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.

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