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Sreenuuk
08-07 09:29 AM
are you dumb or something????
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
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abheja
12-21 07:29 PM
I don't want you to freak out because my case is probably a very small fraction of the visa applications BUT since this thread is specifically related to PIMS, I thought I'd give you my example. Good news for you is, you are going to India. I was stuck in Canada not knowing long it might take for the PIMS to get updated. I ended up touring North Canada but I wish I could've traveled with a peace of mind.
beppenyc
04-09 03:36 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
No, so don`t worry...nothing will happen.
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lvinaykumar
04-09 10:25 PM
all we can do is fight untill we get what we want..
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kpchal2
03-17 10:53 PM
hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.
PD_Dec2002
03-08 11:18 PM
Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1
I am also copy pasting the same content if you cannot open my link.
How to record departure from the United States after the fact.
Question: I did not turn in my I-94 when I left the U.S., what should I do?
Answer:
If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.
If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
* ACS - CBP SBU
* 1084 South Laurel Road
* London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.
To validate departure, CBP will consider a variety of information, including but not limited to:
*
Original boarding passes you used to depart the United States;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
*
o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
o Dated bank records showing transactions to indicate you were in another country after you left the United States,
o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
Regards,
Jayant
I am also copy pasting the same content if you cannot open my link.
How to record departure from the United States after the fact.
Question: I did not turn in my I-94 when I left the U.S., what should I do?
Answer:
If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.
If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
* ACS - CBP SBU
* 1084 South Laurel Road
* London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.
To validate departure, CBP will consider a variety of information, including but not limited to:
*
Original boarding passes you used to depart the United States;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
*
o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
o Dated bank records showing transactions to indicate you were in another country after you left the United States,
o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
Regards,
Jayant
more...
wildvoice
02-06 06:33 PM
Hi Amulchandra,
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
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ashismaity
07-25 08:58 AM
This whole quota is the number which USA admits per year into its inner circle i,e, GC. Now once that quota is full, you can't be given access to inner circle(IC) or allowed to fill 485 which is final verification to the IC. Inner circle facilitates you with a EAD/AP for you and your spouce.
Now question is why 485 is the last stage as its employee verification ? simply because employee fiiling up a job. establish 1st, job is available and no worker from IC is there to do it. Then verify who supervises the job gets done (Employer) and then verify who will do the job (emplyee). Although there are so many jobs to be done, quota stipulates how many of then to done by IC people. Rest will be done contructer or temps like the us.
Theoritically all these process should have been finished within a year or so to do justice to all... But there are other proprities... Who is more important etc. Then there is politics like IC people want to have good life ...so they slow down the work...making a dely...or the resources are taken from this field to another at the cost of us because we have no say on the process which will elevate us...
Now question is why 485 is the last stage as its employee verification ? simply because employee fiiling up a job. establish 1st, job is available and no worker from IC is there to do it. Then verify who supervises the job gets done (Employer) and then verify who will do the job (emplyee). Although there are so many jobs to be done, quota stipulates how many of then to done by IC people. Rest will be done contructer or temps like the us.
Theoritically all these process should have been finished within a year or so to do justice to all... But there are other proprities... Who is more important etc. Then there is politics like IC people want to have good life ...so they slow down the work...making a dely...or the resources are taken from this field to another at the cost of us because we have no say on the process which will elevate us...
more...
fromnaija
07-10 02:12 PM
I chanced upon this c-span program on Saturday and called in to ask Rep Ed Royce about legal migrants. Listen to my question in the last two minutes of the broadcast.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
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newworld
03-08 09:57 PM
These talks never mention legal immigration. Americans don't want all sort of immigration: legal or illegal.
more...
fromnaija
07-11 12:36 PM
Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
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Ann Ruben
04-20 05:44 PM
Yes to both questions. You should also submit the fee rec't for the cos.
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h1techSlave
07-10 10:12 AM
My opinion is that there is not much point in looking for a different country. Most of us have been in the US and have developed some kind of roots here already. So GC is needed and we deserve it.
If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.
Cheers,
h1techSlave
If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.
Cheers,
h1techSlave
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akhilmahajan
09-14 03:56 PM
Hi All,
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
more...
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gc_chahiye
11-29 03:33 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
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rbalaji5
02-20 01:27 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
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martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
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Raj_345
07-11 11:24 AM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
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glus
11-20 06:50 PM
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Kris,
Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.
Regards,
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Kris,
Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.
Regards,
glus
11-12 10:16 AM
Hi,
I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.
I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.
Nitu Singh
06-12 07:31 PM
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
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