WaitingYaar
01-18 08:54 PM
which category?
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sweet_jungle
12-30 01:17 PM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
texcan
10-24 04:30 PM
yes, really I missed that oppurtunity by 7 days. my only question is
Can she stay here until I94 expires? or for 180 days?
Thanks
talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
First try to get her here on H4 and then chase her GC application.
Afterall, marriage is important
Can she stay here until I94 expires? or for 180 days?
Thanks
talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
First try to get her here on H4 and then chase her GC application.
Afterall, marriage is important
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mmk123
04-18 08:04 PM
we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..
thanks!
thanks!
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anilsal
12-20 12:03 PM
Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.
Wonder what is the Governor's stance on legal immigration?
Wonder what is the Governor's stance on legal immigration?
zCool
01-04 09:52 AM
I know a friend in the exact same boat.. A very big multi-national co. with more than 10K employees.. they are even revoking his EB3 that was filed in 2004.. It's not USCIS rule.. it's just some employers being strict with their internal rules..
Unless you work for a big company with lots of benefits.. time to get EB3 filed.. and then bolt the first chance you get..
Unless you work for a big company with lots of benefits.. time to get EB3 filed.. and then bolt the first chance you get..
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VisaHelp
07-26 09:21 AM
Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
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manderson
10-29 02:03 PM
stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?
Please feel free to educate if I am out of line here.
Please feel free to educate if I am out of line here.
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STAmisha
03-27 06:31 PM
What documentation I need to convert from H1 to h4? Do I need to go outside US for this. I'm on H1 and I dont have paychecks since I'm on bench.
I want to convert back to H4 soon.
I want to convert back to H4 soon.
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immihelp1
09-29 06:36 AM
Singhsa & Smisachu,
Thank you for sharing your experiences.
Thank you for sharing your experiences.
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rbharol
11-08 10:50 AM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
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gbof
10-15 03:54 PM
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
Thank you so much. I appreciate a word from your experience
Thank you so much. I appreciate a word from your experience
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larmani
04-09 06:30 PM
If you are buying a new construction home from builder go with an agent the builder will pay 3% commission to the agent usually and you can get some $$ back from agent
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sundarpn
07-08 11:44 PM
Wired response from you lawyer. Talk to HR.
Anyways Congrats!
Anyways Congrats!
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martinvisalaw
04-19 02:37 PM
USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
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permfiling
10-28 01:23 PM
Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC
Did you get your physical green card? Have you completed your FP?
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
Did you get your physical green card? Have you completed your FP?
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
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rajeshalex
04-15 08:56 AM
First thing, price , leg space, comfort & food ...All 4 it is difficult to get the best.
Cheapest would be air India. However service/food is bad. Also they keep changing schedule.
Singapore airlines/Cathay pacific service/food is good. Leg space is also better and
priced slightly higher than AIr India.
So I recommend these 2 (Singapore/Cathay)
( PM me if you are looking for air tickets from India)
Rajesh
Cheapest would be air India. However service/food is bad. Also they keep changing schedule.
Singapore airlines/Cathay pacific service/food is good. Leg space is also better and
priced slightly higher than AIr India.
So I recommend these 2 (Singapore/Cathay)
( PM me if you are looking for air tickets from India)
Rajesh
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ravi_hyd
10-30 12:06 PM
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BECsufferer
10-02 01:17 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
vempati
09-13 08:53 AM
Cngrats vempati:)..is your 140 approved from NSC or TSC?
and at what time is your application signed by R. Mickels ?
Received @ 9.01 AM, Mine approval from TSC..
and at what time is your application signed by R. Mickels ?
Received @ 9.01 AM, Mine approval from TSC..
eb2_mumbai
10-16 11:05 AM
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
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