Ann Ruben
01-28 09:49 AM
Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
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xlr8r
06-10 04:23 PM
Took about 2.5 months for me. I would ask for a complete copy of the Alien record.
I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
aioros
05-15 02:07 AM
yea, maybe so jamie - i just wanted the "c" to stay within the confines of the square, and throw in a "circle" figure within all those ... squares. :)
:smirk: what do all you guys think?
:smirk: what do all you guys think?
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JazzByTheBay
08-01 09:06 PM
... was USCIS stating that "don't wait an extra 30 days... "
Hope I have appropriately satisfied your curiosity. :)
jazz
What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.
Hope I have appropriately satisfied your curiosity. :)
jazz
What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.
more...
mailsunnydeol
07-22 01:17 PM
Guys, is there any way to expedite her EAD to be approved soon? The available solutions you have include:
1. File for your wife's H1 extension
2. After 60 days of filing your EAD, take an Infopass appointment and request an expedite process of your wife's H1 stating financial hardships, job loss etc.
can she continue work in h1 even if her h1 has expired until 90 days? No
1. File for your wife's H1 extension
2. After 60 days of filing your EAD, take an Infopass appointment and request an expedite process of your wife's H1 stating financial hardships, job loss etc.
can she continue work in h1 even if her h1 has expired until 90 days? No
ragool25
08-30 05:36 PM
Thanks mhathi for your response.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
more...
gcformeornot
07-25 03:16 PM
This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
how to modify poll to add option.
how to modify poll to add option.
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sk.aggarwal
02-28 10:37 AM
I am not sure about the answer. It depends on how close you are to finding the new position. Once you find a new position, speak with attorney for new company. In worst case can always do H1 extension in premium. If I were you, I would just have a hard dead line of say April end. If I dont find a new job by then, would just file for extension in premium.
more...
learning01
01-29 02:20 PM
We can't mount fire-fighting operation on each and every front. Let's ignore them.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
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smartboy75
08-25 05:33 PM
thanks for the new sequence.
I tried what u suggested but after entering the sequence number I tried pressing 3 midway but USCIS said invalid selection and said the call is being terminated.
Boy they look really pissed.
So much for customer service.
I tried what u suggested but after entering the sequence number I tried pressing 3 midway but USCIS said invalid selection and said the call is being terminated.
Boy they look really pissed.
So much for customer service.
more...
pappu
09-26 11:13 AM
I know one....email me if interested.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
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kondur_007
08-11 08:58 PM
Yes, it is possible to process your GC through company B while you are working for company A.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
more...
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Blog Feeds
05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
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kondur_007
07-26 08:31 PM
I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
more...
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tarone
11-28 05:22 PM
Hi,
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
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eb2waiter
05-04 09:54 PM
the date
:rolleyes:(not number of days to president signs)
thanks
:rolleyes:(not number of days to president signs)
thanks
more...
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venram
02-10 01:49 AM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
Its very easy and simple. Go to NY Indian Embassy web site and follow the procedure/process to renew passport. It takes about 1-2 weeks, after you mail the old passport along with other documents, for Indian Embassy to process and mail you back the new passport. Good Luck!
Its very easy and simple. Go to NY Indian Embassy web site and follow the procedure/process to renew passport. It takes about 1-2 weeks, after you mail the old passport along with other documents, for Indian Embassy to process and mail you back the new passport. Good Luck!
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haisylu
06-17 04:41 PM
Thanks for the responses.
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Green.Tech
03-20 02:52 PM
Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.
The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)
The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)
apt29
07-23 04:22 PM
Please see this link
http://travel.state.gov/visa/temp/info/info_1299.html
http://travel.state.gov/visa/temp/info/info_1299.html
kumaabh
01-13 01:11 AM
I would also say use the EAD.BTW do you work for MA based Tech company as they are the only technology company i know who announced lay offs.
Yes, you are right. I work for the MA based tech company.
Yes, you are right. I work for the MA based tech company.