muralip
09-11 04:55 PM
I am waiting for my EAD receipt and also my I-140 is not cleared yet.
I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.
I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.
Please suggest..
I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.
I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.
Please suggest..
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marcus12
01-28 02:28 PM
I have finished my 1st MS and was doing my 2nd MS
In fall semester I applied for all online courses and when it was the time of exam I had to leave to India as my Grandfather was very sick.
I was in lot of pressure as I was very close to them so I left. Before leaving I did asked the admission officer in university and she told that I will get all F grades and I can take same courses again in Next semester.
I was ready to do that. So I left USA and came back in January. 2 days before I received a letter from university that I have been dropped off. I was shocked and tried contacting the admission officer. She told me that they can reinstate now for my F1 visa and thats the only way.
I want to know if these is the only way or if there is some other way to get back in status. I dont want to leave country and come back to get reinstatated as I think its too risky.
What are the chances of reinstatement if I have clean history as well as no work records from the time I entered in USA. I have been student from last 4 years from the time I entered USA.
I do want to apply for visitor visa in future. HOw will these situation affect that
In fall semester I applied for all online courses and when it was the time of exam I had to leave to India as my Grandfather was very sick.
I was in lot of pressure as I was very close to them so I left. Before leaving I did asked the admission officer in university and she told that I will get all F grades and I can take same courses again in Next semester.
I was ready to do that. So I left USA and came back in January. 2 days before I received a letter from university that I have been dropped off. I was shocked and tried contacting the admission officer. She told me that they can reinstate now for my F1 visa and thats the only way.
I want to know if these is the only way or if there is some other way to get back in status. I dont want to leave country and come back to get reinstatated as I think its too risky.
What are the chances of reinstatement if I have clean history as well as no work records from the time I entered in USA. I have been student from last 4 years from the time I entered USA.
I do want to apply for visitor visa in future. HOw will these situation affect that
raamskl
07-08 03:38 PM
Gurus,
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
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gc28262
02-04 08:45 PM
I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
more...
eb3India
08-22 09:38 AM
I have been following IV ever since itz inception and I really appreciate all the efforts by volunters.
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
txh1b
08-19 02:07 PM
Fedex is fine. Proof that USCIS got the application is enough to use H1b portability provided you were in valid status and were getting paid.
more...
whattodo21
04-26 03:26 PM
Currently on H4 and validity expires on 09/23/2010. Can be applied for extension when principal applicants H1B is being extended(from his company), but since I have my H1B case filed with USCIS, will it create any conflict if I apply for H4 extension now? (ideally for 7 days (23rd sept to 30th sept) !! 'coz if approved, H1B status becomes valid from Oct 1st, right? )
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
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SpookyH1Alien
10-24 03:13 PM
Hi,
I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.
Thanks in advance.
I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.
Thanks in advance.
more...
go_guy123
03-08 10:06 AM
ILW.COM - immigration news: Bloggings on Political Asylum (http://www.ilw.com/articles/2011,0307-dzubow.shtm)
Mar 07, 2011
Political Asylum for Libyan Students in the US?
More than 1,000 Libyan students are currently studying in the United States, and the continuing unrest in their homeland has them worried. To make matters worse, the Libyan Embassy in the U.S. apparently contacted many of the students and threatened to take away government scholarships unless they attended a pro-Khadafy rally in Washington, DC. The Libyan Ambassador (predictably) denied any such threats.
Anti-Khadafy protestors tell it like it is.
Some of the students are politically active. For example, a student in New York has started a Twitter account called Enough Gaddafi that has over 7,000 followers (a website is coming soon). In Kentucky, a group of 50 Libyans gathered to voice their support for the protestors in Libya. And Libyan students in Colorado and Oklahoma are speaking out publicly against Libyan leader Moammar Khadafy.
Given the current situation, can Libyans in the U.S. successfully claim political asylum?
As usual in immigration law, the answer is a definite maybe. For those students listed by name in newspapers and who engaged in anti-Khadafy political activity, or who made anti-Khadafy comments, I would imagine that they have a solid claim for political asylum. If Mr. Khadafy remains in power, the students would face severe consequences upon their return to Libya. There is no doubt that Mr. Khadafy�s regime tortures and murders political opponents. Further, given the Libyan Embassy�s attempt to rally Libyans in the U.S. to Mr. Khadafy�s defense, it is very likely that the Libyan government is aware of the students� political opinions.
For those Libyans not mentioned in newspapers, or who were not contacted by the Embassy about attending the pro-Khadafy rally, an asylum claim might be more difficult. Generalized strife in a person�s home country�in and of itself�is usually not sufficient to qualify for asylum. Whether a particular individual qualifies for asylum would depend on his or her personal circumstances.
Finally, the situation in Libya is very fluid. Perhaps Mr. Khadafy will be gone soon (we can only hope), but perhaps not. As the situation on the ground continues to evolve, so too will the possibility for asylum for Libyans in the U.S.
Mar 07, 2011
Political Asylum for Libyan Students in the US?
More than 1,000 Libyan students are currently studying in the United States, and the continuing unrest in their homeland has them worried. To make matters worse, the Libyan Embassy in the U.S. apparently contacted many of the students and threatened to take away government scholarships unless they attended a pro-Khadafy rally in Washington, DC. The Libyan Ambassador (predictably) denied any such threats.
Anti-Khadafy protestors tell it like it is.
Some of the students are politically active. For example, a student in New York has started a Twitter account called Enough Gaddafi that has over 7,000 followers (a website is coming soon). In Kentucky, a group of 50 Libyans gathered to voice their support for the protestors in Libya. And Libyan students in Colorado and Oklahoma are speaking out publicly against Libyan leader Moammar Khadafy.
Given the current situation, can Libyans in the U.S. successfully claim political asylum?
As usual in immigration law, the answer is a definite maybe. For those students listed by name in newspapers and who engaged in anti-Khadafy political activity, or who made anti-Khadafy comments, I would imagine that they have a solid claim for political asylum. If Mr. Khadafy remains in power, the students would face severe consequences upon their return to Libya. There is no doubt that Mr. Khadafy�s regime tortures and murders political opponents. Further, given the Libyan Embassy�s attempt to rally Libyans in the U.S. to Mr. Khadafy�s defense, it is very likely that the Libyan government is aware of the students� political opinions.
For those Libyans not mentioned in newspapers, or who were not contacted by the Embassy about attending the pro-Khadafy rally, an asylum claim might be more difficult. Generalized strife in a person�s home country�in and of itself�is usually not sufficient to qualify for asylum. Whether a particular individual qualifies for asylum would depend on his or her personal circumstances.
Finally, the situation in Libya is very fluid. Perhaps Mr. Khadafy will be gone soon (we can only hope), but perhaps not. As the situation on the ground continues to evolve, so too will the possibility for asylum for Libyans in the U.S.
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dano
05-05 03:53 PM
I've also heard about these two attorneys, one from Reisterstown,MD and the other from Arlington,Va.
I am myself starting the process, and I've heard mixed opinions on these two. i would appreciate anybody that could chip in.
-dan
I am myself starting the process, and I've heard mixed opinions on these two. i would appreciate anybody that could chip in.
-dan
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ashkam
09-12 02:25 PM
Hello everyone,
I have a question regarding filling the emp history on G325, I did part time jobs in my university(in the allowed 20 hours) do i need to mention this as well or its just the professional emp part ? The problem is i used to work on and off in my pt jobs which comes out with a lot of periods with breaks in between.
Yes you have to mention it.
I have a question regarding filling the emp history on G325, I did part time jobs in my university(in the allowed 20 hours) do i need to mention this as well or its just the professional emp part ? The problem is i used to work on and off in my pt jobs which comes out with a lot of periods with breaks in between.
Yes you have to mention it.
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485Mbe4001
04-09 07:47 PM
I think that it was a trial balloon. I have seen this pattern for most of the major issues this administration is planning to tackle. Take TARP for example...for a month one would just hear leaks about proposed solutions. Media would pick it up and give a reaction, the next leak would be an updated version based on the feedback. Such articles help keep the issue in the forefront, help gauge the reaction (both positive and negative) and provide a simple exit to backtrack incase of major opposition. :rolleyes:
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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sabithanair84
04-23 03:05 PM
Thank you, I looked through the blog but it didnt have any posts that could answer my queries. I am just trying to find out if it is ok to travel if I have a pending case with USCIS? Also, if my H4 goes out of status on 09/23/2010, then does that mean I have immediately leave the country? Any answers would help, thanks.
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elephant
06-18 05:25 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
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mzk
04-07 11:34 AM
EB2 ROW is usually current - if you qualify for it, it would be faster as compared to EB3 ROW.
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univariate
07-23 04:16 PM
Hi, Friend,
Can you give more details regarding your travel to Canada?
Which city is the port of exit and port of entry to USA?
What document did officer ask for when you exit and reenter USA?
Thanks.
Can you give more details regarding your travel to Canada?
Which city is the port of exit and port of entry to USA?
What document did officer ask for when you exit and reenter USA?
Thanks.
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PD1006
08-04 11:51 AM
Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.
I like that. Thanks for posting the update.
I do not see any change in the verbiage for case status for the applications we filed. Or is it their intent that "Initial Review" is such a specific status to our application?
PD1006
I like that. Thanks for posting the update.
I do not see any change in the verbiage for case status for the applications we filed. Or is it their intent that "Initial Review" is such a specific status to our application?
PD1006
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ita
10-23 11:06 AM
Found this.
http://economictimes.indiatimes.com/India_will_be_top_priority_in_my_presidency_Obama/articleshow/3634113.cms
Thank you.
http://economictimes.indiatimes.com/India_will_be_top_priority_in_my_presidency_Obama/articleshow/3634113.cms
Thank you.
kondur_007
07-26 08:31 PM
I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
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