justAnotherFile
01-31 07:21 PM
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Ann Ruben
01-28 09:49 AM
Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
planets
03-21 02:52 PM
Every drop makes ocean
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HV000
08-07 02:01 PM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
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superdude
07-17 11:42 PM
Once your GC gets approved , thenit may be difficult for your wife to file
The PD needs to be current as well to file for 485 amendment
The PD needs to be current as well to file for 485 amendment
BonoVox627
08-01 11:08 PM
No I am not.
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wandmaker
09-11 03:49 PM
On August 5th, My Online status got updated: Approval Notice sent
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
Online status now-a-days is unreliable. Denial notice is the source of truth, but call USCIS to confirm what is undelivered, if it is the approval notice then last action take precedence.
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
Online status now-a-days is unreliable. Denial notice is the source of truth, but call USCIS to confirm what is undelivered, if it is the approval notice then last action take precedence.
2010 Picture of Celtic Cross
h1vegas
06-30 05:27 PM
link doesnt work
pls check and resend
pls check and resend
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ImmiUser
12-01 04:58 PM
so does it means I can have only one GC (I485) processing at a time ? I can't have two GC(I-485) processing in parallel , one dependent I-485 which was filed through my husband's and another one filed under my own GC processing ? Actually, as I already have I-485 filed under EB3 and was planning to file another one under EB2 and though I will take the one whichever gets approved first. Also, this way there will be a backup plan as well. But seems like that is not feasible..huh (
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sanju_dba
06-18 04:10 PM
check this thread you will get your answers...
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1474708-is-german-airport-transit-visa-required-for-travelling-through-frankfurt-with-ap.html
Admin: Please close this thread! ( Duplicate )
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1474708-is-german-airport-transit-visa-required-for-travelling-through-frankfurt-with-ap.html
Admin: Please close this thread! ( Duplicate )
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GCHope2011
11-04 11:16 PM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
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muralip
09-11 07:51 PM
my visit to india will have any impact on my I-485/EAD processing..?
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blacktongue
02-22 09:49 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
Not only Marriage. Even father, mother close relative has 3 year wait
Not only Marriage. Even father, mother close relative has 3 year wait
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mayitbesoon
08-21 12:18 PM
another one here. My husband's EB2 PD Dec 2003. RD Dec 2007.
Still I-140, I-485 pending. LC was approved at PBEC in oct 2007.
Still I-140, I-485 pending. LC was approved at PBEC in oct 2007.
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like_watching_paint_dry
01-06 07:03 PM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
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Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
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kumarc123
08-26 10:11 AM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
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h1techSlave
09-24 03:55 PM
No more visa until Oct 1st. So what is the big deal?
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
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GotGC??
04-18 08:08 PM
I'm sure the members from the anti-immigrant groups lurking around here must be full of gratitude for you. Who knows, they may have been searching for details such as these, and all you had to do was dish it out to them.
Who needs enemies when they've got friends like you? :o
http://www.myvisajobs.com/
Who needs enemies when they've got friends like you? :o
http://www.myvisajobs.com/
beebot
02-18 09:38 AM
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
pthoko
07-16 01:08 PM
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.
Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???
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