Canadian_Dream
07-31 05:00 PM
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
You cannot come back to US because VO first cancels the existing valid visas before making a decision to grant a new one. You will have to return to your home country.
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
As currently implemented, neither the alien''s country of citizenship nor the question of whether s/he had applied for a new visa while outside the U.S. affects the ability of the alien to re-enter the United States. The amended regulation, which was published in the Federal Register on March 7, 2002 and will be effective as of April 1, will prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States.
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
You cannot come back to US because VO first cancels the existing valid visas before making a decision to grant a new one. You will have to return to your home country.
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
As currently implemented, neither the alien''s country of citizenship nor the question of whether s/he had applied for a new visa while outside the U.S. affects the ability of the alien to re-enter the United States. The amended regulation, which was published in the Federal Register on March 7, 2002 and will be effective as of April 1, will prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States.
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
gc_chahiye
07-22 01:22 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
apb
09-16 01:30 PM
Bump
vxg
09-10 03:42 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
more...
Canadian_Dream
04-03 11:00 AM
1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
coopheal
05-06 12:39 PM
Transaction ID: 15509419M155420
You sent a payment of $100.00 USD to Immigration Voice (donations@immigrationvoice.org)
It may take a few moments for this transaction to appear in your account.
Thanks
You sent a payment of $100.00 USD to Immigration Voice (donations@immigrationvoice.org)
It may take a few moments for this transaction to appear in your account.
Thanks
more...
prom2
10-25 05:26 PM
I got the same response about AP (same RD), approved Oct 17, not received yet.
Please let us know if you receive it. Good luck.
Please let us know if you receive it. Good luck.
leoindiano
04-06 12:52 PM
How about this?
If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year
If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year
more...
friend99
10-09 09:08 PM
I talked to the customer first and she escalated the call to second officer, So I think that is IO! is it right?
tabletpc
10-17 11:13 AM
I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
more...
goosetavo
01-31 12:14 AM
By jumping ahead with high-skilled immigrants of course! =D
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
TheCanadian
10-22 06:38 PM
You eat dinner on tables, so why not use them for websites?
You don't use DIVs to build houses, so why use them for websites?
You don't use DIVs to build houses, so why use them for websites?
more...
immig4me
04-29 08:32 AM
we r coming to a full circle here..... over 90% americans also supported & practiced slavery back in 1786...... the declaration of independence was agreed by all americans and it said - "We hold these truths to be self-evident, that all men are created equal.... but over 90% americans supported slavery which wasthe biggest mockery of what everyone believed..... it just proves that just becoz majority of the people support something doesn't make it right or doesn't make it just.... in the end this nation had to go in for a civil war between the north & the south to end slavery.....
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
Totally true....agree with every point you make
Go Utah! ... Go Texas !
Yes, Arizona, Texas and Utah get ready for the backlash and a host of lawsuits!!!!!!!!!!!
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
Totally true....agree with every point you make
Go Utah! ... Go Texas !
Yes, Arizona, Texas and Utah get ready for the backlash and a host of lawsuits!!!!!!!!!!!
srini1976
01-23 01:37 AM
I used Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) to make my small contribution, it took less than 2 minutes, no account creation required, this site accepts paypal too.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
Thank you for providing the link. I also made my small contribution and also forwarded the link to my friends.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
Thank you for providing the link. I also made my small contribution and also forwarded the link to my friends.
more...
naveenarjun
06-04 10:25 AM
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
zCool
04-02 10:58 PM
I think you should get to the bottom of it.
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..
more...
cram
08-16 08:16 PM
Did you receive the FP notice or your attorney or both??
In my case, both my attorney and I received the FP notices.
In my case, both my attorney and I received the FP notices.
va_dude
06-16 11:56 AM
I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
njboy
07-26 11:18 AM
last i heard, ins was planning to introduce a rule saying - if i140 is not filed within 45 days of labor approval, it was going to be voided. Many people opposed this idea..but at the same time, it had its benefits because, people file labor and then sell it many years later. this rule was meant to prevent these kind of shady substitutions.
smartboy75
05-25 05:53 PM
Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
caond
05-07 11:29 AM
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
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