Sunday, June 12, 2011

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  • ArkBird
    12-08 03:40 PM
    How? We are not citizens.

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  • ksrk
    08-14 08:08 PM
    Hi Omved,
    You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.

    Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.

    Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).

    BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.


    DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.

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  • Ivyleaf
    10-07 03:41 PM
    my votes for bat. reflections are my fav :beam:

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  • nixstor
    09-10 08:42 AM
    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.


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  • samcam
    05-18 05:03 PM
    Welcome to our news member Selvaela..

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  • eager_immi
    02-13 02:34 PM
    They r a bloodly lazy bunch they sit on ur passport and do nothing. So please take the day off and go collect it. I called them atleast a hundred times and basically our passport was ready and they have not mailed it. so please keep calling endlessly they will pickup at some point but my advice is go and collect it urself.

    Hello Friends,

    My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.

    Thank you,

    P.S : Yes, I have contributed to IV :)


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  • mbm
    12-14 03:02 PM
    I’ve successfully e-filed my renewal and got the approval for both EAD and AP in just two weeks. It’s really a good system.

    My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.

    When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.

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  • ampudhukode
    01-14 05:03 PM
    TiE is a good place too. Of late it has become very crowded I heard. If you have a specific area( ie. Wireless, Semiconductor, Enterprise Software) that you are interested in there will def be SIGs(Special Interest Groups) for these in most orgs and you can join them and network your way through.


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  • eblues
    09-05 11:51 AM
    Hi everyone,
    I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
    I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.

    I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.

    Am I trying to do anything illegal or that might make me fall out of status?

    Thank you everyone,

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  • kondur_007
    07-24 10:26 AM

    It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).

    This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.

    Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).

    So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).

    Good Luck, and yes, send it ASAP...:)


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  • bestia
    10-31 03:03 AM
    ... but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    stylepoet, I don't see where is a problem for E2/EB5 situation for countries with treaties. The problem is for countries who don't have treaties with the US, and their people don't have a chance for E2. But on this I understand the position of US government. Look. You are allowed to do you business here, on E2. If you do a serious business then your business should worth at least $1m. If it is, then you will qualify for EB5. Also, you don't need to sell your business nowhere. $1m can be a loan (even from a friend or relative), anything. As long as it's a real investment, and as long as it's a legitimate business. I think it's fair.

    Also, I've read that CIS scrutinizes EB5 in great detail, since it's an easy path for all kinda bad people with money. But they approve if they are convinced that everything is legitimate.

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  • hebron
    06-23 08:25 AM
    Mine is the same company that applied for EB2 in the first place

    Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?



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  • paskal
    06-11 12:04 PM
    here is your stupid thread.
    now stop.
    if you want to help yourself, get active. otherwise please slink back into your hole. i have answerd your question in this thread too:

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  • Berkeleybee
    03-07 06:58 PM
    Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.

    Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?


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  • gctest
    10-04 04:03 PM
    wow.. u are making it personal... are u sure you wanna take it there?

    I think i am not the first one to receive approval on a saturday... countless people have gotten that in the past. Come out of your mobile home and do some research before you make a statement like that.

    Good, USCIS is working on saturday for you. You are lying again like you did for your visa?

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  • WaitingYaar
    01-18 09:00 PM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?


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  • karthikdurai
    02-02 12:52 AM
    Hi Sunny1000...Thanks for your reply and I have moved down a day and going to get in on Jun24th, that will get me 3 days...Just to be safe. I have read other threads with immig.voice and most of them are saying technically they can get in on last /Final Day of the Validity.

    Any body any additions to this...if you can please register your thoughts.


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  • dvb123
    02-10 06:17 PM
    Once these categories are eliminated how can a spill over take place?

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  • joydiptac
    04-14 02:58 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.


    I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
    There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
    �Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
    But the Attorneys believe that this alone will not cause you to get in trouble.
    My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
    But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.

    09-19 09:49 PM
    Nope, it's from NSC
    Congrats Buddy.....Was your I140 approved from TSC?

    08-14 09:00 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.


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