gc28262
03-26 10:22 PM
Why would an entry on AP not apply here?
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
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lacrossegc
09-06 05:00 PM
" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
unitednations
02-28 11:41 AM
hey unitednations:
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
Danger for you is when she goes for the f-1 they also cancel the visitors visa.
Some people try to get spouse on h-1b and then wait for primary to get citizenship and then file greencard that way.
Others; are willing to let spouse come to usa on business/visitors visa and then overstay and not go back home until primary gets citizenship and sponsorship through this route.
There isn't a whole lot of attractive avenues for greencard holders trying to bring in non immigrant spouse.
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
Danger for you is when she goes for the f-1 they also cancel the visitors visa.
Some people try to get spouse on h-1b and then wait for primary to get citizenship and then file greencard that way.
Others; are willing to let spouse come to usa on business/visitors visa and then overstay and not go back home until primary gets citizenship and sponsorship through this route.
There isn't a whole lot of attractive avenues for greencard holders trying to bring in non immigrant spouse.
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senthil1
12-06 11:42 PM
I think Eb2 is much better. Retrogression is hardly more than 3 years and moves fast sometimes. Best thing is get a preapproved labor if available in your company
more...
gcseeker28
07-27 09:19 PM
hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
485Mbe4001
10-01 01:14 PM
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
page 37-44 ...
I always thought that i would never have this problem, i spent time worry about PD being current, medicals, certificates and the rest, i have a normal name/country etc, no history, no parking tickets etc. Most of the people are just like me, they never think they will face this issue, and end up getting stuck. As the report mentions there is a lack of funding and resources.
BTW mallu, if they are watching you, just go and talk to them...tell them to clear your file, it will save them some time and ease our pain too :D
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
page 37-44 ...
I always thought that i would never have this problem, i spent time worry about PD being current, medicals, certificates and the rest, i have a normal name/country etc, no history, no parking tickets etc. Most of the people are just like me, they never think they will face this issue, and end up getting stuck. As the report mentions there is a lack of funding and resources.
BTW mallu, if they are watching you, just go and talk to them...tell them to clear your file, it will save them some time and ease our pain too :D
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
more...
vnsriv
03-31 04:32 PM
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
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crazyghoda
05-06 02:54 PM
Wearing a badge and walking around doesnt have that much impact. What would make an impact would be if someone from IV was a speaker at the conference and highlighting the issues and wait times faced my legal immigrants from India and China.
Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.
Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.
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SanjayP
07-05 04:47 PM
As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.
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virginia_desi
05-15 11:12 AM
I agree that we need to add a poll on how many are already waiting for adjudication in I-485. This will give a better understanding of visa dates will move going forward. I am sure state dept doesn't expect people applying in June to get their GC anytime before 2008.
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needhelp!
03-10 03:00 PM
What is FOIA?
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
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bkarnik
05-11 02:28 PM
For people like us in the far flung areas, it would be helpful if IV posts a transcript or better yet record the event and make it available online so that we can at least feel like we have participated :) Just an idea.
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helph1b
08-28 07:03 AM
Hi Vani,
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
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meridiani.planum
04-07 01:05 AM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
more...
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ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
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GCEB2
09-20 09:01 PM
Hi... Can any one tell me which are the afforable places in California to buy home. It can be town home or single family homes, Bet 300k to 400k.
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rameshvaid
05-27 10:46 AM
Talk to your Local "state" Congressman(woman)/Senator.
I will certainly do that..
RV..
I will certainly do that..
RV..
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GCard_Dream
09-15 01:41 PM
You bring up a good point about the conference committee. When is the conference committee needed? Is it when bills are significantly different or even for slight differences. I thought conference is only needed if the bills are significantly different and needs to be negotiated between 2 houses. If only few provisions ( like ours) are different then can it be voted on by the house as it is without any conference and get a up or down vote? Now this all assumes that republicans are actually serious about some kind of relief to legal folks which I am seriously starting to doubt.
if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
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gk_2000
08-10 08:45 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
tikka
08-09 11:17 AM
Check this out, get inspired
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Make it to the luncheon as well as the rally
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N2KFOXvkHNM
Make it to the luncheon as well as the rally
you rock!!
chanduv23
09-14 03:44 PM
Yes hee is going to speak - listening