desi3933
06-27 11:47 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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sukhyani
12-20 11:50 AM
yeah the two shows 'Daily Show with Jon Stewart' and 'Colbert Report' run back to back. I have not seen any media personality that influential in shaping public opinion. They are mostly honest and ruthlessly blunt about issues.
IV members, please post your comments on his message board. If there are a substantial number of posts, only then we can hope for him to ever talk about our issue on his show.
IV members, please post your comments on his message board. If there are a substantial number of posts, only then we can hope for him to ever talk about our issue on his show.
needhelp!
11-09 11:14 AM
I guess poll closes after 15 days (?)
Thanks to all those who are helping out in different ways.
Thanks to all those who are helping out in different ways.
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javadeveloper
08-31 09:55 AM
I am working for a very good Indian company and I worked for 3 very bad Indian companies.I feel the real difference between Good and Bad companies.With good company you never have to worry about your salary and legal things.With bad company you always have to worry about those things.
more...
apahilaj
09-28 01:41 PM
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
pmamp
12-21 10:51 AM
hi All,
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.
However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.
The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.
Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.
Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.
~ happy travel
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.
However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.
The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.
Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.
Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.
~ happy travel
more...
msyedy
01-08 09:24 PM
My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
************************************************** *****
As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.
GOOD LUCK.
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
************************************************** *****
As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.
GOOD LUCK.
2010 quotes-
eb2_mumbai
10-28 09:37 AM
Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.
more...
prabasiodia
04-08 03:05 PM
This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.
USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D
USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D
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reddymjm
05-05 04:41 PM
:)
Wow that would be nice.
http://immigrationvoice.org/forum/showthread.php?t=18905
Wow that would be nice.
http://immigrationvoice.org/forum/showthread.php?t=18905
more...
Jaime
09-12 10:50 AM
Putting a Face to the U.S. Reverse Brain Drain
Real Life Cases
Ranga
Ranga just finished his MBA degree from a top-10 U.S. university and is currently working on his Optional Practical Training (OPT) visa that comes as part of his student visa “package” and which allows him to work in the U.S for a year after graduation. In the past, OPT students would then pursue a longer-lasting H1-B visa and then move on to pursue legal permanent residence (LPR) through an immigrant visa or “Green Card”. No such plans in Ranga’s ambitious future. With a 3.9 GPA an outstanding resume, top industry contacts and patents in his name, Ranga plans to go back to his native Bangalore and start his own company “where the real opportunities are”. Ranga makes his point verbatim “When you have to be treated like a criminal just for applying for a driver’s license and have to wait for a decade to get a visa, there is something funtamentally wrong with this syetm, and I don’t have the time or desire to wait and find out what that is”
Ranga’s employer doesn’t know yet that he’s leaving the U.S. next year, and they have made him a substantial permanent offer, which Ranga is just not interested in.
Real Life Cases
Ranga
Ranga just finished his MBA degree from a top-10 U.S. university and is currently working on his Optional Practical Training (OPT) visa that comes as part of his student visa “package” and which allows him to work in the U.S for a year after graduation. In the past, OPT students would then pursue a longer-lasting H1-B visa and then move on to pursue legal permanent residence (LPR) through an immigrant visa or “Green Card”. No such plans in Ranga’s ambitious future. With a 3.9 GPA an outstanding resume, top industry contacts and patents in his name, Ranga plans to go back to his native Bangalore and start his own company “where the real opportunities are”. Ranga makes his point verbatim “When you have to be treated like a criminal just for applying for a driver’s license and have to wait for a decade to get a visa, there is something funtamentally wrong with this syetm, and I don’t have the time or desire to wait and find out what that is”
Ranga’s employer doesn’t know yet that he’s leaving the U.S. next year, and they have made him a substantial permanent offer, which Ranga is just not interested in.
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pmpforgc
10-20 08:26 PM
[QUOTE=bluekayal]Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.
But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.
Its a relief to have an approved I-140
Suva
07-18 03:13 PM
As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current.
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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cox
October 23rd, 2005, 06:10 PM
I haven't heard from her recently, so I sent her a message this AM...
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gc_buddy
12-03 02:44 PM
I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
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hoolahoous
02-04 10:53 AM
since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.
PS: I am not an attorney so consult an attorney first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.
PS: I am not an attorney so consult an attorney first.
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HRPRO
02-03 01:44 PM
where can we get the SOC codes?
Thanks
SHL
On the BLS website
Thanks
SHL
On the BLS website
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barun1978
10-29 09:19 PM
I had my stamping this week in chennai for H1-B (7th year). I work for a reputed company and direct employee with no clients etc... This was my second stamping at this consulate, they asked for I-129 (which was perfect with all the docs provided to USCIS by the attorney) , W2 and employee verification letter. The consular was specifically trying to determine whether there was any vendor or client ,once she determined there was not any the visa was approved and got my passport in 3 days. But i noticed a lot of ppl had tough time if they were working as contractors.
PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.
PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.
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SDdesi
08-06 04:43 PM
Which center? TSC/NSC ??
krishna_brc
02-23 11:37 AM
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country
In the below link find the site/airport closest to your current address.
"http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml"
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country
In the below link find the site/airport closest to your current address.
"http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml"
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
robert5156
07-27 01:42 PM
yagw,
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
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