chanduv23
07-11 05:08 PM
We can use this text, but it is better to use AILA links or contact list we have in IV
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m306m
06-09 11:02 AM
Transit visa is only required if you are planning to return to the US. If you are planning to go back to the country of citizenship, no trasit visa is required through Germany, London etc..
If this still a concern, there are other options. There are direct flight (Delta) from NY to Mumbai, Also you can go through Egypt (no transit visa required) or UAE, direct flight from NY to Dubai on Emirates and onward to India. Over the pacific you can fly through Japan, Indonesia, Malaysia, etc without a transit visa.
Sorry to hear about your loss. Hope things work out for you.
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
If this still a concern, there are other options. There are direct flight (Delta) from NY to Mumbai, Also you can go through Egypt (no transit visa required) or UAE, direct flight from NY to Dubai on Emirates and onward to India. Over the pacific you can fly through Japan, Indonesia, Malaysia, etc without a transit visa.
Sorry to hear about your loss. Hope things work out for you.
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
ravi2patel
07-24 02:38 PM
ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
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eb_retrogession
03-25 06:41 PM
I've sent this writer some facts and figures, and apprised him of our efforts as well. Hopefully he'll respond.
Thanks
Thanks
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WaitingForMyGC
02-28 03:45 PM
Guys, I have recurring contribution setup thru my bank account but since last 2-3 months my payments are being returned from IV. Any idea, what could be the issue?
I am sending my contributions to below address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Let me know.
I am sending my contributions to below address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Let me know.
ameryki
08-28 10:28 PM
Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
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MrWaitingGC
05-22 04:20 PM
If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
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rbalaji5
02-09 04:07 PM
Thanks Life2live,
Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.
I live in California now.
Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.
I live in California now.
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GCBy3000
08-03 10:50 PM
They would not have received even one application on 7/1 as this is sunday.
What about I-131. That is 7/1/2007. Its confusing
What about I-131. That is 7/1/2007. Its confusing
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Ann Ruben
07-13 08:33 AM
Dear gc-rip,
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
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sammyb
10-30 12:31 PM
Do we have to go in person to the SSN office to apply for SSN based on EAD for a person who's on H4 before ?
was wondering if someone on H4 uses EAD then that person is no longer on H4 status ... now being on H4 if the same person applies for SSN based on EAD card - what will be the implication ... will there is any change in status or status will be changed from H4 to EAD only when that person takes an employment position �
may be asking a question which has been discussed zillion times ... if someone can share their experience ... appreciate your patience :)�
was wondering if someone on H4 uses EAD then that person is no longer on H4 status ... now being on H4 if the same person applies for SSN based on EAD card - what will be the implication ... will there is any change in status or status will be changed from H4 to EAD only when that person takes an employment position �
may be asking a question which has been discussed zillion times ... if someone can share their experience ... appreciate your patience :)�
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sri1309
03-25 05:12 PM
http://www.whitehouse.gov/OpenForQuestions/
Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.
Very nice. I just watched the video.. Feels like Obama is sitting in front of me asking me what my problem is.. Never had this opportunity before right.. He asks us to use internet to tell him what our problems are and also allows us to vote. Though we are not Citizens. He is not asking us to register using SSN or anything and filtering only Citizens.. Its open to all.. Go and tell your problem and also DO vote on relevant topics.
Since its related to economy, related your GC problem to a solution on how you can make a difference to economy by jobs and by buying houses.. Please do it.
Lets this thread be bumped..
Obama wants to answer us Thursday. Just two days from now.. I just did it..
Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.
Very nice. I just watched the video.. Feels like Obama is sitting in front of me asking me what my problem is.. Never had this opportunity before right.. He asks us to use internet to tell him what our problems are and also allows us to vote. Though we are not Citizens. He is not asking us to register using SSN or anything and filtering only Citizens.. Its open to all.. Go and tell your problem and also DO vote on relevant topics.
Since its related to economy, related your GC problem to a solution on how you can make a difference to economy by jobs and by buying houses.. Please do it.
Lets this thread be bumped..
Obama wants to answer us Thursday. Just two days from now.. I just did it..
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sobers
02-08 02:58 PM
Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
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kate123
04-07 07:31 AM
I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
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GCard_Dream
09-03 08:14 PM
I think I know which memo you are talking about but I can't access it when I click on it because it is password protected. Is there a way you could just post the content of the memo here for those of us who can't access? It would be helpful.
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
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jonty_11
07-11 03:07 PM
as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...
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amsgc
07-31 09:40 PM
I don't think your mom should overstay the visa - not a good idea at all.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
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rajuram
11-14 10:00 PM
It is 200% certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
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fromnaija
04-05 05:08 PM
I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.
That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
hsd31
05-12 10:44 AM
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
How frustating this can be, right? :(
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
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