Ramba
03-25 01:33 PM
Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.
I hope IV will take care of this situation.
I hope IV will take care of this situation.
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gccovet
01-14 09:50 AM
I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
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overhere
07-17 08:50 AM
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.
my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.
my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.
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vivekjay
03-05 04:20 PM
This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.
more...
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ragnarok
07-19 08:05 PM
Sorry, but I am very confused about this.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
wallpaper charme. 29/03/2007 19:14
enthu999
07-17 10:15 AM
I am NOT going for another TN renewal which might pose a problem once my AOS is filed next time. I will be entering in H1 status.
more...
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Aah_GC
07-26 12:48 PM
Lawyers suck big time. Good luck to you - dont worry it will be a simple RFE, but make sure you have your marriage certificate ready.
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kumar1
03-05 11:09 AM
You do not need any visa for that purpose.
It is one of the missing unalienable rights listed in the US declaration of independence (Life, Liberty and Pursuit of Happiness).
on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible
It is one of the missing unalienable rights listed in the US declaration of independence (Life, Liberty and Pursuit of Happiness).
on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible
more...
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gc_dream07
01-31 09:39 PM
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
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xu1
04-10 11:06 AM
I will send an email after work with details.. Can't use webbased mail right now at work.
more...
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vbkris77
02-04 11:30 AM
DoS is going to waste visas.. Either they are doing it knowingly or stupidly.
But the underlying fact stays same... They can conservative all they want..
What I don't understand is their rationale in being hellbent on not understanding ground
realities.
If they waste, I think we should sue them being racists because the beneficiaries are all Asians..
I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?
But the underlying fact stays same... They can conservative all they want..
What I don't understand is their rationale in being hellbent on not understanding ground
realities.
If they waste, I think we should sue them being racists because the beneficiaries are all Asians..
I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?
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gc_on_demand
05-21 10:50 AM
Folks ...
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
more...
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howzatt
08-02 07:19 PM
Same day in Mumbai. Any chance you can change this appointment to Mumbai?
Chennai; it depends on the number of applicants. One of my friends recently got his business visa but got his passport back only the next day.
His appt was at 9:00 AM
Chennai; it depends on the number of applicants. One of my friends recently got his business visa but got his passport back only the next day.
His appt was at 9:00 AM
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glus
05-13 11:26 AM
Staying abroad constitutes "abandonment of U.S. residency." It is not related to "immigrant intent" at all. Worked for an Immigration Law office for long.
more...
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Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
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chanduv23
03-20 03:39 PM
yes, looks like a lot of things are going on. before the bill hits the floor, a lot of workarounds, changes etc..... everything happening in closed doors
more...
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dingudi
04-20 11:18 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
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krishnam70
07-04 10:29 AM
http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/
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eb3retro
12-13 10:05 AM
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
msp1976
01-09 03:31 PM
1. Do I Need an airport transit visa since iam travelling via France ?
Depends on the airline..Air India would let you board...Other airlines may not allow you to board.I have heard of cases some people getting sent back from airport.Do not know anyone firsthand..Air India told my wife that they would not deny boarding and anything happens in Paris that is her risk.She got the transit visa from french consulate just to be on the safer side...noone came to check it when plane at paris.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
Faster in US in India consulate that in India offices..At least NY is fast
3. Can I travel with an expired H4 visa ?
The only requirement for exiting the US is I-94...Usually they just take it and not even look at it....You can travel to a destination outside US...They would let you leave...No coming back without valid visa..
You can travel inside the US...Just keep the USCIS application receipt copy with you....You can show that copy as proof that you are making attempts to maintain legal status..
Depends on the airline..Air India would let you board...Other airlines may not allow you to board.I have heard of cases some people getting sent back from airport.Do not know anyone firsthand..Air India told my wife that they would not deny boarding and anything happens in Paris that is her risk.She got the transit visa from french consulate just to be on the safer side...noone came to check it when plane at paris.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
Faster in US in India consulate that in India offices..At least NY is fast
3. Can I travel with an expired H4 visa ?
The only requirement for exiting the US is I-94...Usually they just take it and not even look at it....You can travel to a destination outside US...They would let you leave...No coming back without valid visa..
You can travel inside the US...Just keep the USCIS application receipt copy with you....You can show that copy as proof that you are making attempts to maintain legal status..
hersheygaile
09-10 03:34 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
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