desi3933
07-13 07:43 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
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jonty_11
06-18 04:07 PM
consult attorney for this..I think you do need all the forms for both u and ur wife...dont take this as legal advise please
If you are filing yourself..then look at home page for details on how to file w/o attorney.
If you are filing yourself..then look at home page for details on how to file w/o attorney.
roshnichowdhry
10-05 06:53 PM
Thanks a lot! That was really helpful!
Roshni
Roshni
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Kapils573
09-02 12:28 PM
What is the phone number to contact the customer representative?
Pls guide.
Kapil
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
Pls guide.
Kapil
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
more...
newh1user
01-22 03:16 PM
my new company filed h1 transfer on premium on 17 of jan and got fedex delivery on 18th .I have to join this company asap..so I have few question
1. can i join this company even the receipt is not available?
2. how long its take to get the receipt and approval in premium processing?
3. is there any chance to denied if yes what are those factors if any one come accross?
1. can i join this company even the receipt is not available?
2. how long its take to get the receipt and approval in premium processing?
3. is there any chance to denied if yes what are those factors if any one come accross?
gbof
05-16 01:52 PM
It would be interesting to split the poll as: Apr-May, June-July, Sept-Oct and Nov-Dec 05. I know there r not many between apr 05 and sept 05. but there is a lot in mar05 and sept to dec05 as labors under perm started clearing after sept 05.
more...
zxcvb
07-23 09:17 PM
If they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.
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martinvisalaw
11-05 08:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
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Blog Feeds
08-02 07:20 PM
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
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GCAmigo
02-27 01:30 PM
there goes another question for HH Ajmeri Baba...
more...
tnite
10-12 02:29 PM
I got EAD with "finger print not available" on card. Strangely ,Online status doesn't has any information it still displays that NSA received my EAD application and they are processing.It seems they are sending EADs but they are too busy to update their system.
I got my EAD card even before I went for FP.It doesnt matter.
I got my EAD card even before I went for FP.It doesnt matter.
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zerozerozeven
04-01 11:04 PM
04/02/2008: Petitions/Applications Backlogs as of 02/29/2008
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
more...
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valysivec27
09-25 11:26 AM
Hello, I need your advice here. I have an old LCA, priority date 03/2003 that was stuck in the backlog center untill last week. Also, I applied through PERM for a new LCA that was approved and was able file I485 in July this year, just got the receipt numbers.
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
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kondur_007
08-11 08:58 PM
Yes, it is possible to process your GC through company B while you are working for company A.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
more...
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clifford
02-01 07:52 PM
Hi,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
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americandesi
10-17 12:41 PM
i don't personally know any attorney nor do I have any experience. But I know that anyone (including Indians) will qualify and this is always current and no labor cert needed. You can go from 140 to 485 in a short period of time and then get a 2 yr conditional GC after which if u still maintian ur initial invest (500k or 1M depending on target area of investment) then u will get final GC.
You also need to create employment opportunities for at least 10 people in the permanent resident or US citizen categories during those 2 years. Not sure if I-140 is required.
You also need to create employment opportunities for at least 10 people in the permanent resident or US citizen categories during those 2 years. Not sure if I-140 is required.
more...
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inr
08-05 02:42 PM
Why you take lawyer's help for this simple thing. ?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
Same here! Our lawyer send our EAD,AP renewals to NSC,even though my 485 is pending at TSC(Last July got transferred from NSC).Till far no LUDs no any thing regarding them.I applied on June 30th and till far no update.Is this normal?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
Same here! Our lawyer send our EAD,AP renewals to NSC,even though my 485 is pending at TSC(Last July got transferred from NSC).Till far no LUDs no any thing regarding them.I applied on June 30th and till far no update.Is this normal?
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username007
06-24 09:10 PM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
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jsrigiri
11-20 11:39 AM
I am currently working for a company at Chicago,IL on OPT (Optional Practical Training) period which is of one year. I have graduated as Electical Engineer from NJIT,NJ this year and is authorized to work during the OPT. Unfortunately the OPT is ending on 11th February, 2007.
I applied for H1B through the same company at Chicago but missed it as the CAP was closed by 28th August, 2006. Hence, I am currently working on the OPT work authorization.
I am aware that I will be out of status after February 11th at the end of my OPT tenure. I am planning to re-apply for H1 with the same company again well in time next year. As I will be out of status until I get my H1B application accepted and approved possibly by October'07, what are the best options available for me to legally stay here in USA with a valid status during the period until October 2007. Time is short and I needed to work out some thing quick.
I shall be grateful to any one who could send in your valuable advise.
I applied for H1B through the same company at Chicago but missed it as the CAP was closed by 28th August, 2006. Hence, I am currently working on the OPT work authorization.
I am aware that I will be out of status after February 11th at the end of my OPT tenure. I am planning to re-apply for H1 with the same company again well in time next year. As I will be out of status until I get my H1B application accepted and approved possibly by October'07, what are the best options available for me to legally stay here in USA with a valid status during the period until October 2007. Time is short and I needed to work out some thing quick.
I shall be grateful to any one who could send in your valuable advise.
whatsgoingonwithmyH1
08-28 12:38 PM
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
yabadaba
04-22 01:17 PM
It means you are on your way to Greenland very soon!
Good luck
no it doesnt....check on ..there are so many people getting consecutive luds...but then they dont get approvals. in the end it means that its a new lud. someone accessed your case and the lud was either because some accessed it or it was a system generated lud.
i hope that eb2-june03-dude gets his green soon...but the lud doesnt mean anything
Good luck
no it doesnt....check on ..there are so many people getting consecutive luds...but then they dont get approvals. in the end it means that its a new lud. someone accessed your case and the lud was either because some accessed it or it was a system generated lud.
i hope that eb2-june03-dude gets his green soon...but the lud doesnt mean anything
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