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bindas74
04-21 10:54 PM
Sorry to burst your bubble, but my RD is June 29th and I haven't heard a thing yet (not even an LUD)! In fact, when I checked with USCIS Customer Service last week, I was told I had "a few months to go"; so I'm trying not to get too excited on having ALL my dates current?!?
Hi Dakota,
Are you talking about 485 or 765?? As you can see in one post above yours, I am enquiring about 765.
-Thanks,
Hi Dakota,
Are you talking about 485 or 765?? As you can see in one post above yours, I am enquiring about 765.
-Thanks,
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Legal
07-15 10:50 PM
:)pkak, since you say ur pd is later than 6/06 I'm going to take the liberty and assume you are not that familiar with the details of July 07 fiasco. USCIS employees at the Neb service center came to work on a weekend, worked overtime, and cleared out something like 50k GC applications over a few days.
No one can predict what USCIS will do or will not do. But on this one, I bet their whole game plan is to use up the numbers.
No one can predict what USCIS will do or will not do. But on this one, I bet their whole game plan is to use up the numbers.
sbabunle
01-04 06:31 PM
Singapore should be fine I guess. You can check with Airlines always and explain your situation. Worst come worst you can take a visit visa to the transit country( Be ready to spent $100 and couple weeks ).
I never heard anything about damaged visa issues and rejection. But I'm not sure on it. Most probably you should not have any problem. But I dont have any first hand experience on the issue.
I never heard anything about damaged visa issues and rejection. But I'm not sure on it. Most probably you should not have any problem. But I dont have any first hand experience on the issue.
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tapukakababa
10-04 02:28 PM
But, does anyone knows what are the steps to that? How can the advancement be done going to the www.vfs-usa.co.in website? Where is the link? What's the process?
http://chennai.usconsulate.gov/prind061003.html
India Press Releases
US Embassy Opens New Visa Appointments
Applicants can Advance Scheduled Visa Appointments
New Delhi � In an effort to improve service to Indians seeking visas to the United States, the U.S. Embassy in New Delhi and the Consulates General in Mumbai, Chennai, and Kolkata are opening new visa appointments in all categories, including tourist, to reduce the waiting time for people who currently have appointments.
The U.S. Mission encourages people who already have a visa appointment to visit the Embassy�s appointments website www.vfs-usa.co.in to advance the schedule of their appointment. Advancing scheduled appointments is part of the U.S. Mission�s continuing efforts to serve the Indian public reduce the wait time for new appointments.
http://chennai.usconsulate.gov/prind061003.html
India Press Releases
US Embassy Opens New Visa Appointments
Applicants can Advance Scheduled Visa Appointments
New Delhi � In an effort to improve service to Indians seeking visas to the United States, the U.S. Embassy in New Delhi and the Consulates General in Mumbai, Chennai, and Kolkata are opening new visa appointments in all categories, including tourist, to reduce the waiting time for people who currently have appointments.
The U.S. Mission encourages people who already have a visa appointment to visit the Embassy�s appointments website www.vfs-usa.co.in to advance the schedule of their appointment. Advancing scheduled appointments is part of the U.S. Mission�s continuing efforts to serve the Indian public reduce the wait time for new appointments.
more...
ritu_raj
10-25 09:11 PM
bump^
uslegals
08-21 02:05 PM
Thanks everybody...We feel terrible that we let the consulting company down..They helped us when we needed this H1 stuff..! And now we filed for AOS/EAD...But then what to do...Everything was so circumstantial.! S**t happens u know.!! Sometimes we have no control.! We have offerred to pay for expenses (filing fees + attorney fees) + something called DAMAGE FEES of $1000...$%%@?? thats a total of $3500.!
We're doing this in good faith & to keep it clean.! We feel responsible for letting them down.! ...THERE'S THE REAL WORLD & THEN THE IMMIGRATION WORLD..!!
Which world do we live in..??
We're doing this in good faith & to keep it clean.! We feel responsible for letting them down.! ...THERE'S THE REAL WORLD & THEN THE IMMIGRATION WORLD..!!
Which world do we live in..??
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Immigration212
02-25 11:35 PM
Thanks for replying back. I will provide additional information. I am a Canadian Citizen, currently residing in Canada. Based on my marraige to a US citizen my I-130 was approved in Dec 2005. My immigrant visa interview was in August 2006. At the time of the interview I was informed that I needed to file I-601 and I-212 waivers. The reason was due to overstay in the US for more then 180 days. I actually came to the US as a minor. My parents never left after the visa expired and I also became out of status. Since I was dependent on my parents I did not leave and after turning 25, I left the US on my own for Canada, hence the 10 year bar. During their stay in the US my parents had filed for asylum which was denied and a deporatation order was issued. In any case, I left the US in Sept 2000 on my own (self deported).
Now getting back to my waiver....as stated earlier my I-212 and I-601 waivers were approved on Feb 23, 2009. I got an e-mail from CRIS and the USCIS website also reflected the same message. On Feb 24 i was denied. I have posted both the approval and the denial e-mail for the I-601 below. I hope this is a clerical error but as mentioned above i would not know until I get the actual letter in the mail. Please let me know if someone has been in the same boat.
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: EAC06******
Application Type: I601 , APPLICATION TO WAIVE EXCLUDABILITY
Current Status: Approval notice sent.
On February 23, 2009, we mailed you a notice that we have approved this I601 APPLICATION TO WAIVE EXCLUDABILITY. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: EAC06******
Application Type: I601 , APPLICATION TO WAIVE EXCLUDABILITY
Current Status: Denial Notice Sent
On February 23, 2009, we mailed you a denial decision notice for this case I601 APPLICATION TO WAIVE EXCLUDABILITY. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from February 23, 2009, please call customer service at 1-800-375-5283 for further assistance.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
Now getting back to my waiver....as stated earlier my I-212 and I-601 waivers were approved on Feb 23, 2009. I got an e-mail from CRIS and the USCIS website also reflected the same message. On Feb 24 i was denied. I have posted both the approval and the denial e-mail for the I-601 below. I hope this is a clerical error but as mentioned above i would not know until I get the actual letter in the mail. Please let me know if someone has been in the same boat.
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: EAC06******
Application Type: I601 , APPLICATION TO WAIVE EXCLUDABILITY
Current Status: Approval notice sent.
On February 23, 2009, we mailed you a notice that we have approved this I601 APPLICATION TO WAIVE EXCLUDABILITY. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: EAC06******
Application Type: I601 , APPLICATION TO WAIVE EXCLUDABILITY
Current Status: Denial Notice Sent
On February 23, 2009, we mailed you a denial decision notice for this case I601 APPLICATION TO WAIVE EXCLUDABILITY. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from February 23, 2009, please call customer service at 1-800-375-5283 for further assistance.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
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Abhishika
12-21 05:49 PM
Hi Bharatpremi,
Thanks a lot.
Abhi
Thanks a lot.
Abhi
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GCwaitforever
10-06 03:46 PM
Is one partner buying out the other partner? Then your case comes under company being acquired. Check with your attorney who filed the I-140 and take steps to continue the petition. You can transfer H-1B as well.
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BharatPremi
11-08 11:09 PM
Source: MurthyBulletin : VOL. XIII no. 45; Nov 09, 2007
"
New Push to Raise the H1B and Green Card Quotas
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year. The New Democrat Coalition is comprised of 59 Democratic members of Congress who are interested in modernizing the Democratic Party and the entire country. It is important that MurthyDotCom and MurthyBulletin readers understand that this interest among certain lawmakers does not guarantee that any increase in these numbers is in the offing.
Likelihood of the New Reform Passing
The New Democrat Coalition is urging Congress to pass the new reform this year, before the Fiscal Year (FY) 2009 H1B filing season opens for the filing of new cap-subject H1B cases on April 1, 2008. In addition to requesting more H1B visas and employment-based permanent residence, the group is pushing for modernized student visa programs. It is attempting to align the student visas with an uninterrupted supply of employment-based temporary and permanent visas, should the students find employment offers following graduation. During FY2008, the gross inadequacy of the 65,000 H1B limit became evident, as there were not enough H1B cap numbers even for cases filed on the first day of filing. It is expected that this coming cap season will be even more severe, if the H1B cap-subject quota is not substantially increased. In addition to this push for reform from the Democrats, there is also overwhelming pressure from political lobbyists and the general public. Some observers believe, therefore, that a newly-increased H1B quota could be available this year.
Make Plans to Prepare Cases Dec '07 / Jan '08
MurthyDotCom and MurthyBulletin readers are urged to be prepared, however, and not to count on a possible increase in the H1B quota. H1B cap-subject cases can be filed on April 1, 2008. In the event that an increase is not passed by Congress, it is expected that there will be more than enough cases filed on the first day of filing to meet and possibly exceed the cap. (If this occurs, there will be a lottery of the cases filed on the first and second days of filing to determine which cases will be selected for the available H1B cap numbers.) Thus, those employers who wish to file for potential H1B employees and are subject to the cap need to file on April 1, 2008, and not assume that the quota will be increased. Employees should remind their employers of this deadline, as well.
Conclusion
There is no assurance that new reform that would raise the H1B and green card quotas will be passed before this Congress adjourns. This is a highly-political issue, within a year of a major national election. Proactive individuals are already starting to prepare for the H1B filing season which, as stated, will open on April 1, 2008. The April 1st cases will request an employment start date of October 1, 2008, which is the first day of FY2009. MurthyDotCom and MurthyBulletin readers are reminded that there is no mechanism to push H1B filings ahead by filing before April 1, 2008. On behalf of our clients and the greater immigration community, we hope that Congress will heed the concerns about the inadequacy of the H1B and green card quotas and will do the right thing for the benefit of U.S. businesses, their employees, and the U.S. economy in general.
Copyright � 2007, MURTHY LAW FIRM. All Rights Reserved
"
We should follow this at least for knowing the weightage over what category is more emphasized.
"
New Push to Raise the H1B and Green Card Quotas
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year. The New Democrat Coalition is comprised of 59 Democratic members of Congress who are interested in modernizing the Democratic Party and the entire country. It is important that MurthyDotCom and MurthyBulletin readers understand that this interest among certain lawmakers does not guarantee that any increase in these numbers is in the offing.
Likelihood of the New Reform Passing
The New Democrat Coalition is urging Congress to pass the new reform this year, before the Fiscal Year (FY) 2009 H1B filing season opens for the filing of new cap-subject H1B cases on April 1, 2008. In addition to requesting more H1B visas and employment-based permanent residence, the group is pushing for modernized student visa programs. It is attempting to align the student visas with an uninterrupted supply of employment-based temporary and permanent visas, should the students find employment offers following graduation. During FY2008, the gross inadequacy of the 65,000 H1B limit became evident, as there were not enough H1B cap numbers even for cases filed on the first day of filing. It is expected that this coming cap season will be even more severe, if the H1B cap-subject quota is not substantially increased. In addition to this push for reform from the Democrats, there is also overwhelming pressure from political lobbyists and the general public. Some observers believe, therefore, that a newly-increased H1B quota could be available this year.
Make Plans to Prepare Cases Dec '07 / Jan '08
MurthyDotCom and MurthyBulletin readers are urged to be prepared, however, and not to count on a possible increase in the H1B quota. H1B cap-subject cases can be filed on April 1, 2008. In the event that an increase is not passed by Congress, it is expected that there will be more than enough cases filed on the first day of filing to meet and possibly exceed the cap. (If this occurs, there will be a lottery of the cases filed on the first and second days of filing to determine which cases will be selected for the available H1B cap numbers.) Thus, those employers who wish to file for potential H1B employees and are subject to the cap need to file on April 1, 2008, and not assume that the quota will be increased. Employees should remind their employers of this deadline, as well.
Conclusion
There is no assurance that new reform that would raise the H1B and green card quotas will be passed before this Congress adjourns. This is a highly-political issue, within a year of a major national election. Proactive individuals are already starting to prepare for the H1B filing season which, as stated, will open on April 1, 2008. The April 1st cases will request an employment start date of October 1, 2008, which is the first day of FY2009. MurthyDotCom and MurthyBulletin readers are reminded that there is no mechanism to push H1B filings ahead by filing before April 1, 2008. On behalf of our clients and the greater immigration community, we hope that Congress will heed the concerns about the inadequacy of the H1B and green card quotas and will do the right thing for the benefit of U.S. businesses, their employees, and the U.S. economy in general.
Copyright � 2007, MURTHY LAW FIRM. All Rights Reserved
"
We should follow this at least for knowing the weightage over what category is more emphasized.
more...
nomorelogins
11-26 03:46 PM
IMHO, in ones own little world we may see a small impact. But if you are asking w.r.t to US economy i honestly believe it should be negligible.
may be it is just your group that all h4s are actively seeking a testing/... related occupation. may be not be the case else where. I am pretty sure not all like programming/testing etc.
Most pbly stayed away from these fields when they chose to go to college ... most are well educated and had trouble getting job due to sponsorship issues. I guess with the freedom to choose, they can get jobs in the field of their liking..
also, if there is any impact i think it would be positive for the economy with creativity of more talented group in the mix.
if you are afraid they may take your job, well then that position may also be lost due to being outsourced.
may be it is just your group that all h4s are actively seeking a testing/... related occupation. may be not be the case else where. I am pretty sure not all like programming/testing etc.
Most pbly stayed away from these fields when they chose to go to college ... most are well educated and had trouble getting job due to sponsorship issues. I guess with the freedom to choose, they can get jobs in the field of their liking..
also, if there is any impact i think it would be positive for the economy with creativity of more talented group in the mix.
if you are afraid they may take your job, well then that position may also be lost due to being outsourced.
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unitednations
03-16 12:25 AM
My Wife has similar situation as you. We came back to US in Dec 2008 using AP. Her H1B is valid upto Jan 2011. However she got I-94 issued valid upto Dec 2009.
I checked with famous attorney and he said the following 3 options:
1. Apply EAD and convert to 485 Pending status after Dec 2009.
2. Apply for new H1B extension by Dec 2009 as her I-94 expires by Dec 2009.
3. Go to adjacent country and get her visa stamp using her H1B and enter US using H1B visa. In that case her H1B is valid upto Jan 2011 and I-94 will be issued until Jan 2011.
Hope this helps
Famouse attorney is incorrect with regards to #1. Memo is clear and USCIS has clarified through AILA liaison minutes that the I-94 card expiry on advance parole doesn't mean anything.
USCIS mail room would reject h-1b filing in #2 scenario. Reason being that in the I-129; it asks what immigration status person is currently on. If person puts AOS (THAT is not non immigrant status) and puts expiry date of white I-94 card then you are declaring that you are not in non immigrant status.
If you put your current status as h-1b; even though you entered on AP but the I-797 for h-1b has validity date until 2011 and put expiry date of 2011 then mail room would reject it stating that you filed the extension too early.
#3 is very tricky. legally it should work. However, I don't know of one situation where it has actually worked. There is a disconnect between CBP (border officers) and USCIS benefits people. Of the thousands of people who enter on advance parole; most of them were on visa statuses which were not dual intent; therefore, if they have used advance parole in the past; the CBP officer will not allow them in their non immigrant visa. It seems that many of the CBP officers do not realize that H-1b is dual intent and a person can enter on H-1b if they have a valid visa even though they may have entered in the past on advance parole. You could try and try to talk them into it but they think they are doing you a favor by now allowing you in h- visa if you entered on advance parole because they think USCIS will eventually deny your 485 if you do so.
The first time I saw this happened about four years ago. A couple of people I know (indpendent cases) let their H-1b's lapse and 140 wasn't approved and they had entered on advance parole in the past. The 140 looked like it was in trouble and while preparing the RFE response, they filed h-1b (had to go consular route because they let it lapse); got the h-1b approved and went for visa stamping. When they tried to re-enter at the port of entry on h-1b; CBP officer saw advance parole stamp and wouldn't allow them to re-enter on h-1b. Person a week later then attempted another re-entry from a Canadian border point. That border also didn't allow him to enter on h-1b for same reason. Eventually, the 140 got approved so getting back onto h-1b was a moot point.
Most recent example was this:
Person is on H-4 going to school. She filed I-485 as dependent has EAD. Graudates from school and gets job offer with Deloitte starting in September 2008. Deloitte had filed her H-1b through quota in April 2008. She got h-1b approved with I-94 card effective October 1, 2008. Since, they wanted her to start in September 2008; she would have to use EAD in September.
Her husbands 140 wasn't approved and she decides to go on one last vacation to India prior to starting her career. She goes to India in June 2008 and gets H-1b visa stamping done in July 2008 and visa states person cannot enter on H-1b until 10 days before effective date of h-1b. However, she has to come back in September 2008 to work with Deloitte. She enters in August 2008 on advance parole and starts to work with Deloitte on EAD.
Now; they renew the EAD late and 140 still isn't approved. Deloitte tells her that she doesn't have work authorization. She confers with the immigration attornies and asks them what to do. She asks them if they can amend the h-1b petition and ask for I-94 card. However, they do not know how to do this (sometimes it sucks to use the big immigration forms becuase they usually only know how to do straight cases). They along with me, tell her that since she has h-1b visa, she just needs to go outside the country and re-enter and get h-1b I-94 card at the border. She goes to Montreal, spends one day there. When re-entering she shows h-1b approval notice along with visa. However, CBP officer sees advance parole stamp and will not allow her in on H-1b. She comes back to USA and is dejected and still can't work because no H-1b and no EAD card yet.
She asks what to do? She is told to go back to another border crossing the following week. This time she takes the Cronin memo about h and advance parole. She was at the border crossing for five hours; showing the memo; discussing that it is upto her of what status she wants to enter on USA and if she wants to come back on H-1b even though she entered on advance parole that they have to allow that. Everything, she told (she was coached on it pretty good) was all legal. However, they look at the cronin memo and state that it only covers the scenario of person changing from advance parole to H while in USA.
Eventually; they put her into deferred inspection (take all of her immigration documents and tell her that she will get a call from a local office to get interviewed). She still cannot work because no EAD.
It took local office in New Jersey six weeks to call her. In the mean time, her EAD gets approved and she goes back to work with Deloitte. She finally gets the call from the local office and when she gets there; they tell her they checked with headquarters and that she was correct that they should have allowed her in on H-1b even though she had entered on advance parole in the past. They give her a new I-94 card on h-1b and all is good (her husband eventually get the 140 approved anyways).
There is enough instances at the border that if a person has entered on advance parole that they will not allow them back in on H visa. If you are going to try to do this then be prepared to go through the route in the last paragraph (it was not an isolated scenario; she is the only one I know of who took it all the way. The others just gave up and came in on advance parole.
I checked with famous attorney and he said the following 3 options:
1. Apply EAD and convert to 485 Pending status after Dec 2009.
2. Apply for new H1B extension by Dec 2009 as her I-94 expires by Dec 2009.
3. Go to adjacent country and get her visa stamp using her H1B and enter US using H1B visa. In that case her H1B is valid upto Jan 2011 and I-94 will be issued until Jan 2011.
Hope this helps
Famouse attorney is incorrect with regards to #1. Memo is clear and USCIS has clarified through AILA liaison minutes that the I-94 card expiry on advance parole doesn't mean anything.
USCIS mail room would reject h-1b filing in #2 scenario. Reason being that in the I-129; it asks what immigration status person is currently on. If person puts AOS (THAT is not non immigrant status) and puts expiry date of white I-94 card then you are declaring that you are not in non immigrant status.
If you put your current status as h-1b; even though you entered on AP but the I-797 for h-1b has validity date until 2011 and put expiry date of 2011 then mail room would reject it stating that you filed the extension too early.
#3 is very tricky. legally it should work. However, I don't know of one situation where it has actually worked. There is a disconnect between CBP (border officers) and USCIS benefits people. Of the thousands of people who enter on advance parole; most of them were on visa statuses which were not dual intent; therefore, if they have used advance parole in the past; the CBP officer will not allow them in their non immigrant visa. It seems that many of the CBP officers do not realize that H-1b is dual intent and a person can enter on H-1b if they have a valid visa even though they may have entered in the past on advance parole. You could try and try to talk them into it but they think they are doing you a favor by now allowing you in h- visa if you entered on advance parole because they think USCIS will eventually deny your 485 if you do so.
The first time I saw this happened about four years ago. A couple of people I know (indpendent cases) let their H-1b's lapse and 140 wasn't approved and they had entered on advance parole in the past. The 140 looked like it was in trouble and while preparing the RFE response, they filed h-1b (had to go consular route because they let it lapse); got the h-1b approved and went for visa stamping. When they tried to re-enter at the port of entry on h-1b; CBP officer saw advance parole stamp and wouldn't allow them to re-enter on h-1b. Person a week later then attempted another re-entry from a Canadian border point. That border also didn't allow him to enter on h-1b for same reason. Eventually, the 140 got approved so getting back onto h-1b was a moot point.
Most recent example was this:
Person is on H-4 going to school. She filed I-485 as dependent has EAD. Graudates from school and gets job offer with Deloitte starting in September 2008. Deloitte had filed her H-1b through quota in April 2008. She got h-1b approved with I-94 card effective October 1, 2008. Since, they wanted her to start in September 2008; she would have to use EAD in September.
Her husbands 140 wasn't approved and she decides to go on one last vacation to India prior to starting her career. She goes to India in June 2008 and gets H-1b visa stamping done in July 2008 and visa states person cannot enter on H-1b until 10 days before effective date of h-1b. However, she has to come back in September 2008 to work with Deloitte. She enters in August 2008 on advance parole and starts to work with Deloitte on EAD.
Now; they renew the EAD late and 140 still isn't approved. Deloitte tells her that she doesn't have work authorization. She confers with the immigration attornies and asks them what to do. She asks them if they can amend the h-1b petition and ask for I-94 card. However, they do not know how to do this (sometimes it sucks to use the big immigration forms becuase they usually only know how to do straight cases). They along with me, tell her that since she has h-1b visa, she just needs to go outside the country and re-enter and get h-1b I-94 card at the border. She goes to Montreal, spends one day there. When re-entering she shows h-1b approval notice along with visa. However, CBP officer sees advance parole stamp and will not allow her in on H-1b. She comes back to USA and is dejected and still can't work because no H-1b and no EAD card yet.
She asks what to do? She is told to go back to another border crossing the following week. This time she takes the Cronin memo about h and advance parole. She was at the border crossing for five hours; showing the memo; discussing that it is upto her of what status she wants to enter on USA and if she wants to come back on H-1b even though she entered on advance parole that they have to allow that. Everything, she told (she was coached on it pretty good) was all legal. However, they look at the cronin memo and state that it only covers the scenario of person changing from advance parole to H while in USA.
Eventually; they put her into deferred inspection (take all of her immigration documents and tell her that she will get a call from a local office to get interviewed). She still cannot work because no EAD.
It took local office in New Jersey six weeks to call her. In the mean time, her EAD gets approved and she goes back to work with Deloitte. She finally gets the call from the local office and when she gets there; they tell her they checked with headquarters and that she was correct that they should have allowed her in on H-1b even though she had entered on advance parole in the past. They give her a new I-94 card on h-1b and all is good (her husband eventually get the 140 approved anyways).
There is enough instances at the border that if a person has entered on advance parole that they will not allow them back in on H visa. If you are going to try to do this then be prepared to go through the route in the last paragraph (it was not an isolated scenario; she is the only one I know of who took it all the way. The others just gave up and came in on advance parole.
more...
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ItIsNotFunny
12-08 02:59 PM
Agreed. But in adherence with rules, USCIS may ask for evidence in interview such as paystubs, W2 just to prove that the self employment is legitimate.
We have been seeing RFEs for AR11 address changes requesting people to send an updated employer letter - additional questions during AOS interviews .... The only time we don't see all this is when USCIS has not used up its quota and DOS moves bulletin well ahead forcing USCIS to pick low hanging fruits - and that is the time people get lucky.
I appreciate your optimism. Do you still believe after these many incidences that USCIS people understand and determined to adhere rules :).
We have been seeing RFEs for AR11 address changes requesting people to send an updated employer letter - additional questions during AOS interviews .... The only time we don't see all this is when USCIS has not used up its quota and DOS moves bulletin well ahead forcing USCIS to pick low hanging fruits - and that is the time people get lucky.
I appreciate your optimism. Do you still believe after these many incidences that USCIS people understand and determined to adhere rules :).
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PD_Dec2002
07-16 01:48 PM
Let me say this.. the company I work for a well known big time firm...
They are not willing to give any letter as I found out with them ...!
They dont want me to file seperately that is their ans..!
Has anyone filed seperately with an employee verification letter.
I dont know if it will be in my favor to pressurise then to either file/give the letter.. !
just need some inputs if anyone has experienced similar thing
thanks for the reply
I-485 is YOUR application. They cannot forbid you from applying. Talk to them and find out what their reasons are for not letting you file your I-485. If they are afraid of missing out on filing fees, tell them that you are willing to pay them. Applying without a EVL could be risky since your I-485 could be denied because of lack of initial evidence.
Good luck.
Thanks,
Jayant
They are not willing to give any letter as I found out with them ...!
They dont want me to file seperately that is their ans..!
Has anyone filed seperately with an employee verification letter.
I dont know if it will be in my favor to pressurise then to either file/give the letter.. !
just need some inputs if anyone has experienced similar thing
thanks for the reply
I-485 is YOUR application. They cannot forbid you from applying. Talk to them and find out what their reasons are for not letting you file your I-485. If they are afraid of missing out on filing fees, tell them that you are willing to pay them. Applying without a EVL could be risky since your I-485 could be denied because of lack of initial evidence.
Good luck.
Thanks,
Jayant
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metis11
09-29 09:50 PM
Guys,
My situation is more common, but i have couple of odd questions....
A --> B (Vendor ) --> C (End client)
A is my current H1 holder, with whom i signed non-compete agreement.
End client, c is interested in hiring me. I am also interested. But i told C about non-compete. So, C talked to A for H1 transfer but he is not agreeing for that (even for monetary compensation). But, B is ok with H1 transfer.
So,
1) If i quit my current employer, A. and join C. How will "A" know that i actually broke the contract. Please note that there are no other teams or colleague working for C from A.
2) Will it be possible for my consultant, A to sue me by assuming that i joined C, without any basis or evidence.
3) What if i joined different company D (for 6 months as a bridge company) and come back to C. Can, A, still sue me at random times with out any supporting documents or evidence?
When i looked at net, i found one can sue anybody at anytime.
So, Does that mean A can sue me at any time after my employment with them? or there should be reasonable evidence or document required to file a law suit against someone.
And also, Is there any way an employer can find where his ex-employee is working, Like getting the court order to asking me to submit my latest pay stub or my current offer letter?
I have seen lot of posts where people discussed about their ex-employer came to know about the "breaking the non-compete contract".
But, Can someone please explain how the ex-employer found that or can find that info?
Thanks
Sridar
My situation is more common, but i have couple of odd questions....
A --> B (Vendor ) --> C (End client)
A is my current H1 holder, with whom i signed non-compete agreement.
End client, c is interested in hiring me. I am also interested. But i told C about non-compete. So, C talked to A for H1 transfer but he is not agreeing for that (even for monetary compensation). But, B is ok with H1 transfer.
So,
1) If i quit my current employer, A. and join C. How will "A" know that i actually broke the contract. Please note that there are no other teams or colleague working for C from A.
2) Will it be possible for my consultant, A to sue me by assuming that i joined C, without any basis or evidence.
3) What if i joined different company D (for 6 months as a bridge company) and come back to C. Can, A, still sue me at random times with out any supporting documents or evidence?
When i looked at net, i found one can sue anybody at anytime.
So, Does that mean A can sue me at any time after my employment with them? or there should be reasonable evidence or document required to file a law suit against someone.
And also, Is there any way an employer can find where his ex-employee is working, Like getting the court order to asking me to submit my latest pay stub or my current offer letter?
I have seen lot of posts where people discussed about their ex-employer came to know about the "breaking the non-compete contract".
But, Can someone please explain how the ex-employer found that or can find that info?
Thanks
Sridar
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swamy
10-03 02:57 PM
To correct the situation.
-> i had to get a new passport from the Indian Embassy in washington DC
-> The old passport was returned back to me with "Cancelled" stamped on it
-> The visa in the old passport was still valid ( I travelled with it, and I did not have any problems reentering.
My passport was also in jeans and the visa was in a decent situation, so I think your's might be in a similar condition.
I wish i hadn't laundered my passport, but stuff happens, and from experience, i can say that it is not as bad as it seems.
--Hope this helps.
Jay
Yeah its like 60-70% ok - & if I can read it hopefully a machine can too. And I am getting a new passport.
Fragomen being inconsistent in what they say is nothing new I guess - they actually had an faq on their site saying it's ok to travel after filing 485 on an expired H1 so long as we get a new stamp to get back in but they took it out later and thenthe attorney emailed me saying I shouldn't risk travelling. anyway I guess I'll just get a new stamp the next time Iam in chennai - thanks everyone
-> i had to get a new passport from the Indian Embassy in washington DC
-> The old passport was returned back to me with "Cancelled" stamped on it
-> The visa in the old passport was still valid ( I travelled with it, and I did not have any problems reentering.
My passport was also in jeans and the visa was in a decent situation, so I think your's might be in a similar condition.
I wish i hadn't laundered my passport, but stuff happens, and from experience, i can say that it is not as bad as it seems.
--Hope this helps.
Jay
Yeah its like 60-70% ok - & if I can read it hopefully a machine can too. And I am getting a new passport.
Fragomen being inconsistent in what they say is nothing new I guess - they actually had an faq on their site saying it's ok to travel after filing 485 on an expired H1 so long as we get a new stamp to get back in but they took it out later and thenthe attorney emailed me saying I shouldn't risk travelling. anyway I guess I'll just get a new stamp the next time Iam in chennai - thanks everyone
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mhssatya
04-01 03:47 PM
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ps57002
05-22 05:02 PM
I'm planning on traveling to Delhi end of next month. Have been on EAD since Nov 2007, so will be using AP. This is my first time using AP, so I don't know what to expect at all. Will be travelling from JFK most likely or EWR (prob not).
Please share your experiences? I'm used to traveling on H1b and for me that was always good experience.
1) What documents should I keep with me when traveling?
2) What type of questions to expect at POE?
3) how long is the process at POE? What line do you stand in?
Please provide your recent experiences since we all hear about not great experiences lately....so wondering what it's like.
Thanks!
Please share your experiences? I'm used to traveling on H1b and for me that was always good experience.
1) What documents should I keep with me when traveling?
2) What type of questions to expect at POE?
3) how long is the process at POE? What line do you stand in?
Please provide your recent experiences since we all hear about not great experiences lately....so wondering what it's like.
Thanks!
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engineer
07-14 07:57 PM
I am arranging Rally in Madison, WI. Please PM me if you can attend or you are from Wisconsin.
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mchatrvd
09-28 05:17 PM
I don't think any relief will happen this year. At least until elections next year. They might take up CIR after that. They will fix health bill, move on to elections and ask for votes to do CIR after that. This is not going to happened until after elections. Before that, although lot of lawmakers are sympathetic to our issues, they know that his panic caucus will not allow any relief bill for legals only to be introduced in the house. This is so frustrating, as we are suffering because of the politics over undocumented workers.
immi_enthu
03-05 11:11 AM
How to get google gadget to track you case status portfolio (per pappu's Q). I tried it yesterday and it was very nifty. You can add it to your iGoogle page and it shows the number of days since the Last Update (LUD) and not just the date of LUD - on a case by case basis. It's definitely easier than manually logging into USCIS's website and more reliable than automatic email updates which doesn't work all the time (Now only if there was a Yahoo Desktop Widget...):
http://www.google.com/ig/directory?synd=open&q=case+status&btnG=Search+Google+Gadgets
By the way, this gadget is provided by imminav.com, also a very handy website which collates all immigration forms and tracks number of case updates every day.
Do you know if imminav.com get's hold of the userid and password if someone uses the gadget ?
http://www.google.com/ig/directory?synd=open&q=case+status&btnG=Search+Google+Gadgets
By the way, this gadget is provided by imminav.com, also a very handy website which collates all immigration forms and tracks number of case updates every day.
Do you know if imminav.com get's hold of the userid and password if someone uses the gadget ?
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