sanju
03-06 02:59 PM
What are you talking about?
Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?
Am I missing something?
Sorry, that was not directed at you, it was directed at the agenda that mirage is trying to set the agenda.
Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?
Am I missing something?
Sorry, that was not directed at you, it was directed at the agenda that mirage is trying to set the agenda.
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TEKNMEK
03-02 10:25 AM
I sent an email to chennai consulate requesting emergency appointment and they gave me the earliest available date. I had to provide my passport number and return travel date.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
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mwin
07-23 11:12 PM
Just to clarify...., the advance parole should be valid when you are entering the country, not while leaving right?
Well, I have a current advance parole that expires on October 12, 2008 and I applied for a renewal. Once my AP gets approved (assuming the new AP starts from October 12, 2008) I am planning to leave the country in September (before start of second AP) and re-enter after October 12 using my second AP. Do you guys see any problem in this? Of-course, I will leave only if my second AP is approved in before I leave.
As as dated Oct 12, 2008, on or after this date.
Well, I have a current advance parole that expires on October 12, 2008 and I applied for a renewal. Once my AP gets approved (assuming the new AP starts from October 12, 2008) I am planning to leave the country in September (before start of second AP) and re-enter after October 12 using my second AP. Do you guys see any problem in this? Of-course, I will leave only if my second AP is approved in before I leave.
As as dated Oct 12, 2008, on or after this date.
more...
cal_dood
07-20 10:17 AM
in Mexico and Canada - though there may be a catch - they may not process a B1/B2 to H4. You'll have to find that out. Getting a appointment/emergency appointment in ur home country is the best bet.
txh1b
08-25 02:33 PM
AC21 is complicated enough and you need to have a qualified lawyer (get a second opinion from one) if your company lawyer is the only one that is looking at it.
1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
2. This sounds more like a same/similar position.
3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
5. a. You will retain your old PD.
b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
6. This sounds repetitive as #3.
1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
2. This sounds more like a same/similar position.
3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
5. a. You will retain your old PD.
b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
6. This sounds repetitive as #3.
more...
njdude26
08-26 06:37 PM
im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !
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reno_john
06-16 02:02 AM
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.
more...
sam2006
08-03 12:27 PM
we just have to live it :)
or we can work towards making the Sep 13 Rally success
or we can work towards making the Sep 13 Rally success
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mhtanim
12-12 08:48 PM
I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.
When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.
As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.
When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.
As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.
more...
Rb_newsletter
07-15 06:06 PM
When I went to Canada from LA, one of the airlines staff did not even know that he has to take the I-94 out. And when I told him that he must take the I-94 then he called another airlines staff. He seemed to be aware of I-94 stuffs. I wonder if my I-94 card went to correct customs/immigration file.
I wonder why can't US immigration stamp on the passport when we leave the country. How can we trust an airlines staff? How do we know the airlines and it's staff are trained properly on immigration/I-94 process.
I wonder why can't US immigration stamp on the passport when we leave the country. How can we trust an airlines staff? How do we know the airlines and it's staff are trained properly on immigration/I-94 process.
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San_Chez
03-19 01:33 PM
Hello jnrajan and King37:
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
more...
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krishmunn
11-24 01:27 PM
Go for SBI Global link ... best exchange rate and cheapest. They take 4 business days though. I never had any problem sending to any bank in India through SBI Global link. You (or your parents) do nto need an SBI Account to use this
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saketkapur
10-11 01:00 PM
I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....
PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney
Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....
PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney
more...
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pani_6
03-25 02:08 PM
I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.
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amsgc
07-03 08:01 AM
There is no such thing as an H-1B transfer - it is unfortunate that this word is used and it confuses people all the time.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
more...
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satish_hello
08-21 06:08 PM
I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
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i4u
07-28 08:57 AM
Thanks for your response. I have not tried the infopass yet. But my PD is not current and will that be an issue for scheduling an Infopass apointment.
Also, is Infopass same as Service Request (SR).
Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)
Also, is Infopass same as Service Request (SR).
Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)
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lost_in_migration
05-14 09:09 PM
Done.. Its in the thread EB2-General Poll. I would have liked to keep just one thread but only allows 10 options at the max. Hope ppl don't vote at both places :)
Can you create one for EB2, please? Thanks!
Can you create one for EB2, please? Thanks!
GCard_Dream
07-09 06:49 PM
Yes. We both did get the TB test done (test and X-ray) back in 2007. Even though the TB skin test came out negative, doctor didn't wait the test result and ordered the X-ray anyway.
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
jaggu bhai
08-10 11:58 AM
A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.
Best Wishes,
Thanks glus
down the line we wanted to use the benefits of F1.
thats why we r planning to change!
tx
Best Wishes,
Thanks glus
down the line we wanted to use the benefits of F1.
thats why we r planning to change!
tx
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