qualified_trash
08-30 09:33 AM
you can travel until the Expiry date stamped on your Visa in your passport allows you to reenter.
For example, if your visa expires on 15th March 2007, you better be here on 14th :-)) and when you leave after that, you will need to have the visa revalidated at a consulate/embassy, which, I think you are aware of based on your post.
For example, if your visa expires on 15th March 2007, you better be here on 14th :-)) and when you leave after that, you will need to have the visa revalidated at a consulate/embassy, which, I think you are aware of based on your post.
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SunnySurya
08-08 10:30 AM
I had Infopass appointment at Newark. Lady gave me a letter stating that my Name check is cleared. She did not provide any other information...
lord_labaku
09-21 10:20 PM
It may be better to rent in the near future until tax rates increase so much (which they will as someone has to pay for all these unimaginable bailouts) that it starts to make sense again to own a house so as to get the interest deducted in taxes.
Eventually there will be a demand supply equilibrium point. People got to live somewhere right?
Eventually there will be a demand supply equilibrium point. People got to live somewhere right?
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dealsnet
08-05 11:56 AM
You will receive the paper welcome letter within one week.
Physical card will receive within 10 days. I did receive the physical card after the day I have received the email 'approval notice send'.
About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.
ADIT (I-551) stamping
•
Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
•
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Don't worry. Minor things.
Thanks Dealsnet;
Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?
Just curious to know, if you have any info.. :)
thanks,:)
Physical card will receive within 10 days. I did receive the physical card after the day I have received the email 'approval notice send'.
About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.
ADIT (I-551) stamping
•
Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
•
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Don't worry. Minor things.
Thanks Dealsnet;
Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?
Just curious to know, if you have any info.. :)
thanks,:)
more...
redds777
09-20 08:47 PM
Hi
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
usirit
10-25 11:17 AM
Thank you for taking the lead on this.... I'll be @ 11:00 am
more...
deecha
07-16 01:25 PM
Hello,
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
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tnite
07-26 03:11 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
more...
yak2121
03-25 12:36 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
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ash12
07-27 02:11 PM
Related to the questions on this thread.
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
more...
RNGC
07-12 01:08 PM
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
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ravi.shah
02-07 11:01 AM
link??
Live Video - C-SPAN2 | C-SPAN (http://www.c-span.org/Live-Video/C-SPAN2/)
Live Video - C-SPAN2 | C-SPAN (http://www.c-span.org/Live-Video/C-SPAN2/)
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ssingh92
01-24 12:53 AM
Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
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ushkand
09-15 10:27 PM
For the main applicant (me) under
Section: Adjustment as direct beneficiary of immigrnt petition
For spouse
Section: Derivtive Adjustment
Maybe you need to call an attorney and eventuallu USCIS to get this corrected.
Section: Adjustment as direct beneficiary of immigrnt petition
For spouse
Section: Derivtive Adjustment
Maybe you need to call an attorney and eventuallu USCIS to get this corrected.
more...
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dealsnet
03-28 10:39 AM
Doesn't matter.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
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rick_rajvanshi
04-22 12:19 PM
There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
I think it is quite normal that we are getting barrage of RFEs from USCIS. This perhaps is not due to recession or economy at all. It is also not unusual in my opinion. You are simply forgetting the fact that during July-Aug 2007 , so many of us filed 485s together. So its quite natural that when these cases are being processed, we are getting RFEs to re-check for authentications and cases are being pre-adjudicated and approvals are pending for lack of visa numbers. Nothing unusual. En mass filing is resulting in En mass RFEs.
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
I think it is quite normal that we are getting barrage of RFEs from USCIS. This perhaps is not due to recession or economy at all. It is also not unusual in my opinion. You are simply forgetting the fact that during July-Aug 2007 , so many of us filed 485s together. So its quite natural that when these cases are being processed, we are getting RFEs to re-check for authentications and cases are being pre-adjudicated and approvals are pending for lack of visa numbers. Nothing unusual. En mass filing is resulting in En mass RFEs.
more...
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nat23
03-14 07:51 PM
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
You need an unexpired visa (approval notices wont work)
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
You need an unexpired visa (approval notices wont work)
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champu
02-18 05:03 PM
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
You are W2 or 1099.
You are W2 or 1099.
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sgupta33
03-20 03:23 PM
Hello All,
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
Apollon
06-30 08:55 PM
thank you very much
martinvisalaw
06-29 05:14 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
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