psethi
06-30 03:36 PM
I am trying to efile AP and there is a question regarding date of intended departure and expected length of the trip. I don't have any plans to use AP and is applying for emergency travel. Please let me know what to fill if any one is in the same situation who have e-filed.
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karan2004m
09-06 11:40 AM
i have to travel India this month and returning US in oct on AP. What will be the validity of I-94 i am gonna get? AP expires in Jan 2008.
And what will happen if this i-94 on AP gets expired. Do i need to leave the country?
Here is the relevant info from USCIS site (I-131 instructions)
Link (http://www.uscis.gov/files/form/I-131instr.pdf)
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
_____________________________________
Proud Indian American and Legal Immigrant
And what will happen if this i-94 on AP gets expired. Do i need to leave the country?
Here is the relevant info from USCIS site (I-131 instructions)
Link (http://www.uscis.gov/files/form/I-131instr.pdf)
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
_____________________________________
Proud Indian American and Legal Immigrant
luckysiri
04-14 09:45 PM
Thanks ilikekilo for the information. My husband medical coverage will start on the same day of his joining date. There is no waiting period. We need to find out what kind of healthcare plan they are providing and check whether my hospital and OB is under there network.
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485Mbe4001
08-27 05:10 PM
Welcome back, the only way we can see progress is by getting some bills passed. Lets all work towards getting something done with the logfren bills.
Guys,
I think all of us EB2 ( including yours truly) are guilty of too much analysis paralysis of EB2 visa no.s for the remainfer of FY 08. With today's post by a lawyer on DOS communication to USCIS to stop allocating visa numbers to India/China till OCT 1 , 08, it is clear that USCIS will never get its act straight unless we are completely united and press on for a major drive to senators to pass the visa recapture bill ( regardless of EB2 and EB3) . So let us start flooding the senators inbox, voicemail and email with letters urging them to pass the recapture bill. To that extent I request all of you double your efforts. The next session of senate, which starts next month, is a short session and we should act NOW. otherwise nothing will happen until late next year.
Guys,
I think all of us EB2 ( including yours truly) are guilty of too much analysis paralysis of EB2 visa no.s for the remainfer of FY 08. With today's post by a lawyer on DOS communication to USCIS to stop allocating visa numbers to India/China till OCT 1 , 08, it is clear that USCIS will never get its act straight unless we are completely united and press on for a major drive to senators to pass the visa recapture bill ( regardless of EB2 and EB3) . So let us start flooding the senators inbox, voicemail and email with letters urging them to pass the recapture bill. To that extent I request all of you double your efforts. The next session of senate, which starts next month, is a short session and we should act NOW. otherwise nothing will happen until late next year.
more...
gcnirvana
10-12 03:25 PM
I agree with nixstor. I have my own template but not my personal story. It mostly highlights IV and its mission; plight of skilled legal-immigrants and in turn US' and also seek for some help from the media.
I recommend every one writing their own words rather than doing the copy/paste. If I were to recieve 10 emails with exactly the same content, it might make me feel like some ONE just sent 10 diff emails. IMHO, Its a good idea to write the gist of the story in your own words. Save it and use it for all the people in the media.
I recommend every one writing their own words rather than doing the copy/paste. If I were to recieve 10 emails with exactly the same content, it might make me feel like some ONE just sent 10 diff emails. IMHO, Its a good idea to write the gist of the story in your own words. Save it and use it for all the people in the media.
little_willy
09-07 03:49 AM
http://video.google.com/videoplay?docid=4343898391323537541&hl=en
:D
Excellent Video!!!! Thanks for sharing it :)
:D
Excellent Video!!!! Thanks for sharing it :)
more...
sands_14
11-09 10:40 AM
Joe Lieberman supports a lot of policies of Bush.I am not sure about the immigration policy.
I heard something about chapters.Whats going on?
I heard something about chapters.Whats going on?
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blitzz456
02-06 01:05 PM
Hello mr sk
Could you pls help-
What is I140 tracking number? How to get it?(I don't have any info about my i140 - only that it was approved and I have h1 extension petition of 3 yrs based on that.)
And did you request part info or full info therein? Your case is a light in tunnel- you got the info in about 3 months - right?
Thanks much
Could you pls help-
What is I140 tracking number? How to get it?(I don't have any info about my i140 - only that it was approved and I have h1 extension petition of 3 yrs based on that.)
And did you request part info or full info therein? Your case is a light in tunnel- you got the info in about 3 months - right?
Thanks much
more...
gvenkat
09-05 01:55 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Tough Luck for you. I entered thro AP yesterday in chicago. Guess what the officer did not even talk a single word. He saw the document stamped and let me in. all it took was 5 minutes.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Tough Luck for you. I entered thro AP yesterday in chicago. Guess what the officer did not even talk a single word. He saw the document stamped and let me in. all it took was 5 minutes.
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ianlock
09-18 10:14 AM
i just read on another forum, that about 70,000 visa's come up for the new fiscal year which starts 1st october, so it might take a couple of months to see any movement, but it will happen, as they have got to wait and see and get a better feel for how many filers there were for july/augest, as they havent processed them all yet, then we will see something happen. so lets wait and see what the Nov bullitin says, and if the rally had any kind of effect.
more...
reddymjm
01-26 05:06 PM
I was not optimistic about EB3 situation a while ago but the situation has changed, i think we are fast approaching the end of this dark tunnel and we will soon see light :)
Only for a little while after that agian dark for an year.
Only for a little while after that agian dark for an year.
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superdoc
09-22 10:00 PM
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
more...
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teachamerica07
08-25 09:30 PM
Go to the Trenton DMV . Take your ORIGINAL receipt and a letter from your employer . They will give you extension for 240 days . I got it done in May 2007.The draft of the employer's letter is as follows
To,
The Motor Vehicle Commission
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
To,
The Motor Vehicle Commission
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
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pcs
05-22 03:15 PM
plz contribute and update your signature as well.
Please help us as I might be away for few hours .
We need cotribution by everyone
Thanks
Please help us as I might be away for few hours .
We need cotribution by everyone
Thanks
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unbreakable
07-14 04:37 PM
I have just sent it to Senator. George Voinvoich (R-OH) and Senator. Sherrod Brown (D-OH)
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mirage
04-16 04:21 PM
I agree with you.
We do not have to go and sit down in their helluva offices to figure out what the heck is going on. My point is simple. As long as all the so called companies simply write software,provide services to US companies its back office. How much of software written is for native use? How much of the revenue generated by these companies is Indian based? With out infrastructure and manufacturing growing at at least 10% of the other growths people dream about, its nothing but a deck of cards doomed to fall any time. Enough of my rant.
We do not have to go and sit down in their helluva offices to figure out what the heck is going on. My point is simple. As long as all the so called companies simply write software,provide services to US companies its back office. How much of software written is for native use? How much of the revenue generated by these companies is Indian based? With out infrastructure and manufacturing growing at at least 10% of the other growths people dream about, its nothing but a deck of cards doomed to fall any time. Enough of my rant.
more...
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chris
09-29 10:48 PM
Thanks a1b2ce..
Eb2 India, PD Mar 03.
Not contacted Omdusman, but contacted Congresman and Senetor.
I came to know that my file is in Adjudications Area. I never heared this word.
Any one know what is " Adjudications Area " means ?
Can you share some info? What category and PD? You should file Ombudsman report. you done that already?
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
check out this thread (hope they can clear backlogs):
http://immigrationvoice.org/forum/showthread.php?t=21782
Eb2 India, PD Mar 03.
Not contacted Omdusman, but contacted Congresman and Senetor.
I came to know that my file is in Adjudications Area. I never heared this word.
Any one know what is " Adjudications Area " means ?
Can you share some info? What category and PD? You should file Ombudsman report. you done that already?
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
check out this thread (hope they can clear backlogs):
http://immigrationvoice.org/forum/showthread.php?t=21782
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gcnotfiledyet
02-24 06:06 PM
i agree. how about sending flowers to precident with message that if half million legal immigrant waiting in EB get GC, will definitely buy home, so it will help to improve US Housing crisis.
You mean to say sell US real estate for GC/citizenship? I don't see this going very far. I can see anti immigrants waiting for this one. Best is to lobby using aides of big corporations, developing relationship with lobbyists who already have connections, hiring lawyers, developing strong case, donations in election campaigns etc. All of this needs loads and loads of money. Are we ready to donate to IV and build strong lobbying group for our cause? That is the only way to change our current situation.
Sending flowers, sending pizzas, sending all these proposals will only fall on deaf ears. Congress understands language of money to pass laws, Rest of the country/orgranizations understand language of laws/court.
You mean to say sell US real estate for GC/citizenship? I don't see this going very far. I can see anti immigrants waiting for this one. Best is to lobby using aides of big corporations, developing relationship with lobbyists who already have connections, hiring lawyers, developing strong case, donations in election campaigns etc. All of this needs loads and loads of money. Are we ready to donate to IV and build strong lobbying group for our cause? That is the only way to change our current situation.
Sending flowers, sending pizzas, sending all these proposals will only fall on deaf ears. Congress understands language of money to pass laws, Rest of the country/orgranizations understand language of laws/court.
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h1techSlave
01-15 12:20 PM
In India, the govt. collaborates with the criminals to kill the citizens.
my friend, pretty much every place in US in unsafe.
from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "
Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.
my friend, pretty much every place in US in unsafe.
from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "
Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.
heywhat
08-27 02:00 PM
our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
You can apply H1 extn earlier than 6 months. Mine was expiring in Sep 07. I applied on Jan 5th 07. Got 7-8-9 year extn in March.
Strange...
You can apply H1 extn earlier than 6 months. Mine was expiring in Sep 07. I applied on Jan 5th 07. Got 7-8-9 year extn in March.
LostInGCProcess
11-18 11:10 AM
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!