morchu
05-13 09:50 AM
I have no question about that. The immigration intent was proven at the time he filed 140.
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
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meridiani.planum
08-09 05:45 PM
Just A thought.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
aquagirl
05-22 10:54 AM
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
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alisa
01-20 03:33 PM
Can you please provide links. And also provide the numbers.
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
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krishmunn
09-17 12:08 PM
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...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
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...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
aj_jadeja
04-20 12:12 AM
Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.
I have an AP (through my wife company GC petition), worst case I will use it.
Well now days US consulate have started 'returning worker quota' for every weekday appointment. I used that procedure in Dec 2005. My return date was 2nd Dec 2005 and i went to Visa appointment office on 23rd nov and they gave me appointment for 30th Nov .
I also came to know that mumbai consulate takes some candidates (emergency case) without any confirmed appointment from 9:30 to 10:00 am.
Hope this helps.
Aj
I have an AP (through my wife company GC petition), worst case I will use it.
Well now days US consulate have started 'returning worker quota' for every weekday appointment. I used that procedure in Dec 2005. My return date was 2nd Dec 2005 and i went to Visa appointment office on 23rd nov and they gave me appointment for 30th Nov .
I also came to know that mumbai consulate takes some candidates (emergency case) without any confirmed appointment from 9:30 to 10:00 am.
Hope this helps.
Aj
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KKtexas
01-09 05:26 PM
We got back to USA on 1/7.
POE: Dallas (DFW)
We gave IO only passport and AP, got new I-94 in only 5 mins.
Questions asked by IO:
1. How long were away from USA?
2.How was weather in India ? ;)
Overall the experience with using AP was good.
POE: Dallas (DFW)
We gave IO only passport and AP, got new I-94 in only 5 mins.
Questions asked by IO:
1. How long were away from USA?
2.How was weather in India ? ;)
Overall the experience with using AP was good.
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inthehole
08-24 01:15 PM
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
more...
nozerd
03-26 02:30 PM
More than Salary its location which matters.
50K in MS = 60K in TX = 80 K in CA = 90K NYC
50K in MS = 60K in TX = 80 K in CA = 90K NYC
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immi_enthu
08-10 04:47 PM
Approval notice goes to Attorney a courtesy copy to Employer
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
more...
paragpujara
10-26 11:30 AM
I am 2nd July filer and have received EAD on 09/06. But so far no updates on AP or FP. I guess there are lot many ppl in the same boat.
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Springflower
07-17 12:27 AM
Hi,
I have filed I-485 application myself for me & my wife on July 5th, 2007.
I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
Thank you.
I have filed I-485 application myself for me & my wife on July 5th, 2007.
I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
Thank you.
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tictac
09-08 10:32 AM
Dear All:
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
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GC_1000Watt
03-28 01:02 PM
Hi all ,
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
Hi there!
The biggest challenge for you here would be to get the Visa interview date matching with your travel itinerary. You do not have a real choice in terms of getting Visa interview date of your choice. Also visa dates for July will get open only in June and you probably will book your tickets etc well in advance, and therefore it's kind of difficult to get the Visa interview date as per your schedules.
For baggage thing though, I guess airports have locker facilities available where you can put your luggage.They will charge you on hourly basis. Please find out about that.
Domestic flights will most probably allow you to carry international luggage if you show them your boarding pass/eticket to confirm that you are an international traveler
Good luck!.
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
Hi there!
The biggest challenge for you here would be to get the Visa interview date matching with your travel itinerary. You do not have a real choice in terms of getting Visa interview date of your choice. Also visa dates for July will get open only in June and you probably will book your tickets etc well in advance, and therefore it's kind of difficult to get the Visa interview date as per your schedules.
For baggage thing though, I guess airports have locker facilities available where you can put your luggage.They will charge you on hourly basis. Please find out about that.
Domestic flights will most probably allow you to carry international luggage if you show them your boarding pass/eticket to confirm that you are an international traveler
Good luck!.
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eagerr2i
07-16 11:39 PM
LC filing- No
I-140 filing and onwards- Yes
I-140 filing and onwards- Yes
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i4u
04-16 12:50 PM
what happened? what advice did you get from your lawyer?
I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
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chanduv23
11-21 02:14 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.
If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.
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GCwaitforever
05-28 09:28 AM
According to USCIS, finger prints expire within 15 months. So if you received an EAD after filing for I-485, technically USCIS should not ask for your fingerprints during the 1-year EAD renewal. For the second EAD renewal, it is valid.
Asking for FP during e-filing is a process inefficiency for USCIS and unnecessarily delays the application adjudication. For some reason, USCIS is not able to identify that you still have valid finger prints filed last year during the e-filing. Please raise this issue with Ombudsman.
Asking for FP during e-filing is a process inefficiency for USCIS and unnecessarily delays the application adjudication. For some reason, USCIS is not able to identify that you still have valid finger prints filed last year during the e-filing. Please raise this issue with Ombudsman.
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champu
02-19 06:21 PM
Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)
sweet_jungle
10-23 11:52 PM
[QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
Devils_Advocate
03-22 02:40 AM
Rest in Peace