paulinasmith
08-20 08:06 PM
Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?
The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"
The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"
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ravi_hyd
10-26 10:53 PM
RD Texas: 3rd Aug
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
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amitkhare77
09-02 10:56 AM
as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
more...
patriot01
09-27 10:39 AM
I am kind of in the same situation...But, I don't know if the status means what it says.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Ordered or Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document Ordered or Oath ceremony' seriously.
I haven't added my wife as a dependent applicant too when I filed my I-485.
Thanks in advance.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Ordered or Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document Ordered or Oath ceremony' seriously.
I haven't added my wife as a dependent applicant too when I filed my I-485.
Thanks in advance.
eb3retro
04-14 08:13 AM
Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
more...
belmontboy
10-06 09:35 PM
I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.
Not sure what you mean by 2 months before I had 3 offers??
if you are talking about jobs, then all you need is one!!
Not sure what you mean by 2 months before I had 3 offers??
if you are talking about jobs, then all you need is one!!
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nk2006
10-02 02:07 PM
That's a bit too sensational thread title for something that happened in 2006.
That too he was trying to connect to the questioner and made a minor gaffe (which he is famous for). His office later said he admired the growing Indian-American community in the state of Delaware and was talking about how new families were benefiting the local economy by taking over small businesses.
As I drive thru Delaware I do noticed the number of DunkinDonuts owned/operated by Indian Americans - which is quite good and I actually felt proud of that - its not just cool high-tech companies that help a state's economy - it includes everything, and a DunkinDonut owner is an entrepreneur as well.
That too he was trying to connect to the questioner and made a minor gaffe (which he is famous for). His office later said he admired the growing Indian-American community in the state of Delaware and was talking about how new families were benefiting the local economy by taking over small businesses.
As I drive thru Delaware I do noticed the number of DunkinDonuts owned/operated by Indian Americans - which is quite good and I actually felt proud of that - its not just cool high-tech companies that help a state's economy - it includes everything, and a DunkinDonut owner is an entrepreneur as well.
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njdude26
04-08 05:08 PM
Then what do you do if you dont have a candian permit ??
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
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Libra
08-10 12:14 PM
see people dont understand why we say dont call, may be i got my reciepts because i didn't called them. and now they are making fun of me saying am saying all these bcoz i got my reciepts, but thats not true. I can understand the tension but this is not helping you either.
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
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Administrator2
03-25 10:32 AM
Hi antony,
Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.
Is there something that another member on the forum can do to help antony?
Thank you for speaking up for yourself and the community.
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.
Is there something that another member on the forum can do to help antony?
Thank you for speaking up for yourself and the community.
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
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calabor2001
06-20 05:44 PM
Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.
But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.
If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!
But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.
If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!
more...
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TeddyKoochu
01-06 08:43 AM
All depends on spillover; it’s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.
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mzdial
March 28th, 2004, 11:28 PM
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Staring off into space, Steve wonders about life, the future, and the outcome of the game.
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smisachu
12-19 10:26 AM
Do we have to carry all the Tax filing papers or just W2 is good enough?
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
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gcforever
02-20 05:17 PM
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
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kumarc123
11-06 01:57 PM
[QUOTE=gc_on_demand;300813]http://money.cnn.com/2008/11/06/news/economy/new_day_on_Capitol_Hill/index.htm
Also no of other sites are also pointing a lame duck session in Nov. Senate and house will meet on Nov 17th for something. Pelosi is arguing for new economy bill..
Should we start active compaign for HR 5882. I think still we are in same year and we have at end of Committee. Senate has also same version of bill..
Core : Please update if thinking to start campaign for this one. Lots of economist also suggesting to give gc to legal immigrants so they can buy house.
Please post yout thoughts.[/QUOTE
Not a bad idea, we can request for increase in the availability of green card numbers, as their are a lot of immigrants who are waiting to be potential home buyers, only obstacle in their path is a lack of green card.
Well we can come with a list of some senators we can call, and send numerous fax letters to Pelosi's office. How about we call and send a fax our degree copy and our letter.
Guys this is our golden chance, I request you all to please treat this matter with assertiveness.
Thanks
Also no of other sites are also pointing a lame duck session in Nov. Senate and house will meet on Nov 17th for something. Pelosi is arguing for new economy bill..
Should we start active compaign for HR 5882. I think still we are in same year and we have at end of Committee. Senate has also same version of bill..
Core : Please update if thinking to start campaign for this one. Lots of economist also suggesting to give gc to legal immigrants so they can buy house.
Please post yout thoughts.[/QUOTE
Not a bad idea, we can request for increase in the availability of green card numbers, as their are a lot of immigrants who are waiting to be potential home buyers, only obstacle in their path is a lack of green card.
Well we can come with a list of some senators we can call, and send numerous fax letters to Pelosi's office. How about we call and send a fax our degree copy and our letter.
Guys this is our golden chance, I request you all to please treat this matter with assertiveness.
Thanks
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cnag
07-09 10:23 PM
That's true. Priority Mail + Delivery Confirmation.
Can the docs be sent thru Fedex??
Can the docs be sent thru Fedex??
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bala50
08-05 10:57 AM
Folks,
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
shruthii_1210@yahoo.com
09-30 12:07 PM
Hi,
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
sukhyani
12-20 01:09 PM
I found his website http://www.governor.state.ia.us/
Well the website doesnt stipulate his position on the issue of legal or illegal immigration, so I went ahead and sent him an email asking for such. Let's see if he replies back.
Well the website doesnt stipulate his position on the issue of legal or illegal immigration, so I went ahead and sent him an email asking for such. Let's see if he replies back.
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