jthomas
06-11 01:49 PM
I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues
wallpaper justin bieber haircut 2011
naushit
05-22 04:02 PM
My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?
capriol
07-06 11:54 AM
Dear Friends:
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
2011 justin bieber pictures 2011
Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
more...
sw33t
05-21 08:49 AM
<start sarcasm>
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
ganguteli
03-27 10:29 AM
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
You are probably right. Sending junk emails is no use.
You are probably right. Sending junk emails is no use.
more...
msyedy
02-08 01:10 PM
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
The letter talks about VISA application registration. To file for I-485 you need a visa number available for you. The letter states that you currently have one and you should apply...meaning file (1-485 form which is Application To Register Permanent Residence or Adjust Status) within one year from the date of the letter.
Registration itself means a visa number will be unvailable and you cannot use your old PD. You have only one year from the date of letter to use the visa number with that PD.
You should get your new labor approval within this one year limit and can file for I-485. I suggest that you should file perm because you never know when the BPC will approve that labor. Perm max will be approved in 6 months time(Most case)
In the end you trust your attorney. Talk to a good lawyer...
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
The letter talks about VISA application registration. To file for I-485 you need a visa number available for you. The letter states that you currently have one and you should apply...meaning file (1-485 form which is Application To Register Permanent Residence or Adjust Status) within one year from the date of the letter.
Registration itself means a visa number will be unvailable and you cannot use your old PD. You have only one year from the date of letter to use the visa number with that PD.
You should get your new labor approval within this one year limit and can file for I-485. I suggest that you should file perm because you never know when the BPC will approve that labor. Perm max will be approved in 6 months time(Most case)
In the end you trust your attorney. Talk to a good lawyer...
2010 new justin bieber 2011 pics.
new_horizon
03-08 06:44 AM
Filed online on Dec 20 for both me and my wife. Send additional docs in 1 week. EAD and AP approved on Feb 23. Nebraska center. Only sad thing is EAD and AP are not in one card. I got EAD approved for 2 years, but AP for only 1 year in paper form.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
more...
brb2
04-06 07:59 AM
Reid gambled in calling for a cloture. The reason it will fail is that they need 60 votes for cloture. Specter and John McCain would have supported cloture and passed their OWN bill if not for Durbin and Reid doing in your face type of stuff and putting off a lot of republicans.
Now, if the cloture fails everyone is assuming that the Republicans can pass by a simple majority the new compromise.
Well did anyone think of this - if the republicans are spiteful today after defeating cloture (which John McCain too said he will vote to do) then the democrats will not vote for cloture tomorrow!!
Result: No legislation.
The only way to overcome this is to flood democratic senators lines early tomorrow and after cloture today to ask them to support the "compromise" from republicans.
Now, if the cloture fails everyone is assuming that the Republicans can pass by a simple majority the new compromise.
Well did anyone think of this - if the republicans are spiteful today after defeating cloture (which John McCain too said he will vote to do) then the democrats will not vote for cloture tomorrow!!
Result: No legislation.
The only way to overcome this is to flood democratic senators lines early tomorrow and after cloture today to ask them to support the "compromise" from republicans.
hair justin-ieber-february-2011-
ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
more...
abhijitp
01-19 03:47 PM
NORCAL,
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
hot Justin Bieber Justin Bieber
Michael chertoff
04-07 05:58 PM
Please stop this discussion about US university and Indian university or for that matter about octopus
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
Agreed. just talk about Bulletin.
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
Agreed. just talk about Bulletin.
more...
house 2010,justin Bieber. Justin
chandra_mb
07-19 12:46 AM
Hi nlssubbu,
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
tattoo Wednesday February 2, 2011
bluekayal
03-18 02:50 PM
I wonder if my child who only has ITIN will get the $300..probably not ...Waste of money to apply for EAD for a 10 yr old!
more...
pictures Justin Bieber Attends The Brit
vactorboy29
03-12 11:41 PM
Congratulations!
dresses justin bieber 2011 photos de
indyanguy
07-31 11:02 AM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)
more...
makeup Justin Bieber
pappu
09-08 12:24 PM
One big question:
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
girlfriend justin bieber pictures 2011
alisa
03-26 11:10 PM
I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)
What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
Now, they don't file US taxes, so they don't pay any gift tax.
And this is not declared as an income in your income tax statement.
Do we have to pay any kind of gift tax or anything on it?
Do we have to declare it anywhere?
What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
Now, they don't file US taxes, so they don't pay any gift tax.
And this is not declared as an income in your income tax statement.
Do we have to pay any kind of gift tax or anything on it?
Do we have to declare it anywhere?
hairstyles 13/02/2011. Justin Bieber fans
glus
10-20 08:22 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
bkarnik
05-01 01:29 PM
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
No. Drop box is out. You have to go for an interview, because they need to fingerprint you. I would advise applying at the consulate nearest your residence. BTW, there is link on the VFS website to check the latest interview date, I checked it over the weekend and was pleasantly surprised to see May 12th as the most recent date available. It seems the consultae has changed their policies to provide returning people on the same visa status a priority in getting appointments.
No. Drop box is out. You have to go for an interview, because they need to fingerprint you. I would advise applying at the consulate nearest your residence. BTW, there is link on the VFS website to check the latest interview date, I checked it over the weekend and was pleasantly surprised to see May 12th as the most recent date available. It seems the consultae has changed their policies to provide returning people on the same visa status a priority in getting appointments.
chanduv23
02-17 11:09 AM
Back in 2007, we did a lot of PR work, we pleaded, begged, motivated, requested ... we kept on doing it consistently.
There is a lot of work that needs to be done. The active folks must motivate the passive folks.
There is a lot of work that needs to be done. The active folks must motivate the passive folks.
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