gman
08-18 11:48 AM
You shouldn't have any problem travelling during Labor Cert stage. LC has no bearing on your status as long as you have a valid VISA which you seem to have according to your post. Enjoy the trip!
Hello,
My employer will be filing for my greencard (labour certification) within the next 2-3 months. I have a valid H1 B visa expiring next year. I was wondering if it is legal to travel outside the country at this stage ?
Any advice would be appreciated.
Thank you.
Hello,
My employer will be filing for my greencard (labour certification) within the next 2-3 months. I have a valid H1 B visa expiring next year. I was wondering if it is legal to travel outside the country at this stage ?
Any advice would be appreciated.
Thank you.
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ragz4u
04-07 10:27 PM
Think again ! :)
We are extremely excited to announce that some other senators we were in touch with, have introduced amendments in favor of legal skilled immigrants. We will reveal details pretty soon.
Before anyone thinks about posting that the bill is dead, we have some news for you! It is not. There is too much noise right now and the undocumented folks doing rallies with 100K people at one time, this will not be pushed under the rug. Also, we have heard whispers in DC that the immigration bill will be taken up pretty soon after the recess :)
Thanks to all the folks who believe in us :) Together we will achieve what he have set to achieve ......
We are extremely excited to announce that some other senators we were in touch with, have introduced amendments in favor of legal skilled immigrants. We will reveal details pretty soon.
Before anyone thinks about posting that the bill is dead, we have some news for you! It is not. There is too much noise right now and the undocumented folks doing rallies with 100K people at one time, this will not be pushed under the rug. Also, we have heard whispers in DC that the immigration bill will be taken up pretty soon after the recess :)
Thanks to all the folks who believe in us :) Together we will achieve what he have set to achieve ......
sbmallik
09-07 09:08 AM
Please note that an I-485 approval invalidates the H-1B visa.
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
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honge_kamyaab
08-31 12:40 PM
Any word on when PP for I-140 will come to life?
USCIS said PP is suspended till 8/1 and later will analyze the situation to bring it back. The analysis is talking more than a month. It is known that they have been busy people this past month. Is the I-140 application flood effecting their analysis?
USCIS said PP is suspended till 8/1 and later will analyze the situation to bring it back. The analysis is talking more than a month. It is known that they have been busy people this past month. Is the I-140 application flood effecting their analysis?
more...
Blog Feeds
06-18 03:50 PM
It looks like this was an inadvertent statement of the President's plans before it was formally announced by the Justice Department. Secretary of State Clinton told an Ecuadoran television station: �President [Barack] Obama has spoken out against the law because he thinks that the federal government should be determining immigration policy,� Clinton said in comments first highlighted by a conservative blog. �And the Justice Department, under his direction, will be bringing a lawsuit against the act.� Predictably, Arizona Governor Jan Brewer is upset as is J.D. Hayworth, the anti-immigrant candidate trying to replace John McCain as Arizona's Senator. Here's today's...
More... (http://blogs.ilw.com/gregsiskind/2010/06/hilary-reveals-white-house-plans-to-sue-arizona.html)
More... (http://blogs.ilw.com/gregsiskind/2010/06/hilary-reveals-white-house-plans-to-sue-arizona.html)
raj2007
06-13 11:25 PM
My husband is in the same position too.He is a fellow and got a job to start in 2008 july.lc dne.i 140 pending..
Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
can any1 explain this?
thanks.
CONGRATS to all to can file for i 485
Yes he can do this..
Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
can any1 explain this?
thanks.
CONGRATS to all to can file for i 485
Yes he can do this..
more...
kiran_k02
01-11 01:01 PM
Rahul,
I assume you are planning on working in Canada using visitor visa. This is not legal and if you want to do it anyway, immigration authorities would question your intent of travel every monday to friday, when you have a valid H-1B work permit in USA. I don't think you will get by this.
My cousin had a similar experience he worked in Canada for two months on visitor visa, Immigration authorities were tough on him when he was on his way back to USA, asking him how come he had such a big vacation in a calendar year and also various other tough questions.
My advice is to apply for work permit in Canada through your existing companies branches in Canada and then work in Canada as you have suggested.
Please don't follow my advice blindly, contact your Attorney and look at all the legal ramifications and then decide about your future course of action.
I assume you are planning on working in Canada using visitor visa. This is not legal and if you want to do it anyway, immigration authorities would question your intent of travel every monday to friday, when you have a valid H-1B work permit in USA. I don't think you will get by this.
My cousin had a similar experience he worked in Canada for two months on visitor visa, Immigration authorities were tough on him when he was on his way back to USA, asking him how come he had such a big vacation in a calendar year and also various other tough questions.
My advice is to apply for work permit in Canada through your existing companies branches in Canada and then work in Canada as you have suggested.
Please don't follow my advice blindly, contact your Attorney and look at all the legal ramifications and then decide about your future course of action.
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DareYouFireMe
11-28 05:54 PM
I am new to IV. I am just wondering whether we have ever emphasized on bifurcation of Immigration Bill or call for a interim law to facilitate legal immigrant's issues ( mainly retro victims) -
Our problems are very basic and do not have sociopolitical or economical strings attached to it (Probably works better for economy as lot of us are holding on to buy houses and other big budget stuff).
The main issue I have is
- Unable to change jobs
I can wait for GC but not being able to change jobs is hurting me most.
Employers do not find projects and do not pay on bench. Once you find a project Employer wants a big cut. All in the name of policy ;) .
Please share your thoughts.
Our problems are very basic and do not have sociopolitical or economical strings attached to it (Probably works better for economy as lot of us are holding on to buy houses and other big budget stuff).
The main issue I have is
- Unable to change jobs
I can wait for GC but not being able to change jobs is hurting me most.
Employers do not find projects and do not pay on bench. Once you find a project Employer wants a big cut. All in the name of policy ;) .
Please share your thoughts.
more...
Ramkumar
03-17 11:03 AM
Hi,
I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.
It would be great if I get answer the below my Question:
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?
Tons of Thanks,
Ramkumar
I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.
It would be great if I get answer the below my Question:
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?
Tons of Thanks,
Ramkumar
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matrixneo
10-20 12:51 AM
Hello IVians,
I need to give power of attorney to someone in India, currently I'm residing in California.
Anyone has recent experiences about the process, please share...
I need to give power of attorney to someone in India, currently I'm residing in California.
Anyone has recent experiences about the process, please share...
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waitnwatch
12-30 06:33 PM
The fingerprinting is generally scheduled to give enough time to the personnel at the center to do their job comfortably and not have a large waiting line. From my experience I found that the scheduling is loose and so the folks at the centers can accomodate an extra person very easily. Also these are contractors who get paid by the number of cases so they are okay with doing a fingerprinting if you turn up on an unscheduled day.
The best bet is to turn up on a weekday. I did this for both myself and my wife as we were headed to India the day our fingerprinting was scheduled. There was no one in line and the whole process took at most 10 minutes.
Hope this helps
The best bet is to turn up on a weekday. I did this for both myself and my wife as we were headed to India the day our fingerprinting was scheduled. There was no one in line and the whole process took at most 10 minutes.
Hope this helps
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googly2007
03-27 04:33 PM
thanks! but one more thing is that I don't have H-4 approval notice/petition; but I have I-94 valid till 2009. Will this do for H1 approval????
more...
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hebbar77
01-04 03:19 PM
Hi,
to stay away from india while on AOS, you need AP.
to maintain AOS, one needs to keep renewing AP.
So when you apply/renew AP candidate needs to be here...
So your daughter will apply for AP, get it , travel... come back 6 months prior to AP expiry, go to india and study and you will send AP by mail ...
she will come here every 4-6 months prior to AP expiry and renew and go back.
You need to give a sound reason in port of entry why you are staying away for long durations..!
to stay away from india while on AOS, you need AP.
to maintain AOS, one needs to keep renewing AP.
So when you apply/renew AP candidate needs to be here...
So your daughter will apply for AP, get it , travel... come back 6 months prior to AP expiry, go to india and study and you will send AP by mail ...
she will come here every 4-6 months prior to AP expiry and renew and go back.
You need to give a sound reason in port of entry why you are staying away for long durations..!
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texcan
09-04 04:48 PM
Guys,
I sent my 485/ead/ap filing fee as one cashiers check.
This Cashiers check was created in end of June 2007 ( generaly validity till Sept 07 (90 days). Application was mailed in end of July by Attorney.
Now based on general application process, i am worried about my cashiers check being invalid before USCIS cashes the check and they may cancel the application.
Has anyone else had such an issue, & what is solution to this problem.
Please suggest.
I sent my 485/ead/ap filing fee as one cashiers check.
This Cashiers check was created in end of June 2007 ( generaly validity till Sept 07 (90 days). Application was mailed in end of July by Attorney.
Now based on general application process, i am worried about my cashiers check being invalid before USCIS cashes the check and they may cancel the application.
Has anyone else had such an issue, & what is solution to this problem.
Please suggest.
more...
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cox
June 25th, 2005, 09:36 AM
The light never really got good this morning. There were too many clouds, and I couldn't get the light and shadow I wanted. Here's what I came up with. Let me know what I could have done to improve them. Thanks!
http://www.dphoto.us/forumphotos/data/931/medium/Golden_Gate_sm_C_062505JP8X2505.jpg (javascript:;)
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resetclock
01-31 07:47 AM
Thansk visakk for your reply, I am travelling thru same employer only. He still wants me to come there. Looks like he is confident & is certainly going to give me Revised Offer Letter dated in Feb 2010.
However my main question is still unanswered whether the scenario is correct to travel, considering January 8 guideline issued by DHS/USCIS. And Subsequent Deportation incidents.
I have option to travel on L2 as well. As my spouse is having L1 visa and she is going to travel in March.
But I want to be on H1B, Pleasse enlighten me on this.
However my main question is still unanswered whether the scenario is correct to travel, considering January 8 guideline issued by DHS/USCIS. And Subsequent Deportation incidents.
I have option to travel on L2 as well. As my spouse is having L1 visa and she is going to travel in March.
But I want to be on H1B, Pleasse enlighten me on this.
more...
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iv_india
07-22 04:30 PM
Hi All, My question is similar to this question as asked by MSS (Do I need an AC21 filing?). But it's diff in few ways. Here are the details of my case:
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
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24fps
08-09 10:53 PM
what happens to the remaining unused visas from this year? do they carry on to the general/masters category of next years petition?
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Lord Rahl
03-26 02:14 PM
Odd, I can't see anything. Link comes up blank for me.
parth1970
08-10 05:12 PM
Thanks girishvar
So ones I have new passport should I have to send copy to Consulate or NVC?
So ones I have new passport should I have to send copy to Consulate or NVC?
Sparkling
04-26 04:37 PM
Dear Lawyer,
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
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