jeevarakkiannan
07-17 06:19 PM
I suggest we add our photos to the thank you letter. This way, the thank you letter will be more personal.
What do you think?
What do you think?
wallpaper APNIC serves the Asia Pacific
mhathi
08-22 09:11 AM
Done!
chadoubra
06-21 12:41 PM
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
2011 Asia Pacific
saketkapur
07-27 05:24 PM
ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
more...
Lasantha
04-11 02:24 PM
I called once after my PD became current this month, that was last Wednesday (9th). The IO that I spoke to would not give me any information. All she said was "You will hear from us within next 60 days". So I guess it all depends on the IO that you speak to. As for LUDs, I did not get any since my FP.
As for Cross Chargeabilty, I saw a post on a successfull case only yesterday on IV forums. So it actually works. Hope you hear some good news soon.
BTW how did you request CIS to use your spouce's country of birth? Did you send then a letter requesting it? How about requesting an INFOPASS to get their attention?
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
As for Cross Chargeabilty, I saw a post on a successfull case only yesterday on IV forums. So it actually works. Hope you hear some good news soon.
BTW how did you request CIS to use your spouce's country of birth? Did you send then a letter requesting it? How about requesting an INFOPASS to get their attention?
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
vik352
10-20 10:34 AM
Thanks for posting this. My I-140 was applied in May 2007 and I have not heard anything. USCIS says it has processed until July 24, 2007. What a bunch of lies.
more...
shana04
02-01 03:57 PM
Check your PM...
please check you pm
please check you pm
2010 and it#39;s Unlocked (No need MAP
rr_immaculate
08-05 08:14 AM
Your I-94 SHOULD have the same number as the old one!
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
more...
Administrator2
03-23 03:03 PM
We have a media opportunity with Washington Post. We are looking for someone who was offered a job at a company that accepted TARP funding, and later the company had to rescind the job offer due to the restrictionist amendment by Sen. Sanders (/Grassley).
If you or someone you know fits this profile, please contact us immediately at info@immigrationvoice.org
The turn around time for this story is 24 hours.
Thanks,
P.S.: Please help us to keep this thread at the top for next 24 hours.
If you or someone you know fits this profile, please contact us immediately at info@immigrationvoice.org
The turn around time for this story is 24 hours.
Thanks,
P.S.: Please help us to keep this thread at the top for next 24 hours.
hair To the Asia Pacific region
Bobby Digital
October 21st, 2005, 11:25 PM
Has this group of talented people ever got together and met each other in person? I would love to meet all of this talent in person!!! Swap ideas and show off our best. Any ideas??
more...
royus77
05-30 09:36 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
hot Asia Pacific region. map.
s416504
11-02 11:36 AM
I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).
I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.
I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.
more...
house The South Pacific Region
gomirage
05-28 05:19 PM
If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
tattoo Asia-Pacific
walking_dude
07-26 08:56 AM
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
more...
pictures Please Select, Asia/Pacific
sledge_hammer
05-21 02:47 PM
Hi,
My parents will be visiting in the year end and I want to send them the required documents to get the visa application going. Can anyone here post a template for the following -
1. Invitation letter from the sponsor to the visitor visa applicant
2. Letter to consulate by the sponsor
Also for bank statements, can I use the prinout from PDF available online from my bank website (banf of america)? Do these printouts need notarization?
I would appreciate any info.
Thanks!
My parents will be visiting in the year end and I want to send them the required documents to get the visa application going. Can anyone here post a template for the following -
1. Invitation letter from the sponsor to the visitor visa applicant
2. Letter to consulate by the sponsor
Also for bank statements, can I use the prinout from PDF available online from my bank website (banf of america)? Do these printouts need notarization?
I would appreciate any info.
Thanks!
dresses Choose Different Region
SherazKhan
11-16 08:19 PM
Hi Mena,
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
more...
makeup Insight Guides - Places - Asia
vxg
03-17 04:52 PM
Insurance did not pay for mine and my wife however my employer reimbursed me.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
girlfriend of the Asia Pacific: quot;An
royus77
06-21 08:48 PM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?
hairstyles of the Asia-Pacific region
chakalov
07-31 05:04 PM
Every time you use your credit card they ask for photo ID.
I know! Thats why I posed this thread. Today I was buying a sandwich and when I passed my credit card the guy asked for a photo ID since I have "see ID" on the back of the card. I didnt have my passport with me so I couldn't present him anything but my student ID. He goes "thats not valid". So I told him the story and then I said "come on, if I had stolen this card do you think I would do: buy a sandwich for $7.68 or go to Tiffany's right now". He laughed and charged it :)
I know! Thats why I posed this thread. Today I was buying a sandwich and when I passed my credit card the guy asked for a photo ID since I have "see ID" on the back of the card. I didnt have my passport with me so I couldn't present him anything but my student ID. He goes "thats not valid". So I told him the story and then I said "come on, if I had stolen this card do you think I would do: buy a sandwich for $7.68 or go to Tiffany's right now". He laughed and charged it :)
whiteStallion
10-17 03:35 PM
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
I agree to that wholeheartedly!
I used to work for a Consultancy A(a middle size desi Consultancy firm based out of NYC)...signed a 2 year contract...broke it within 6 months & joined an even worse company B(which I found out only after joining them...very small west coast company)... got sued by company A ...left B and joined back A.
But after coming back to them(A), I could appreciate more of their way of working ...as I saw even worse companies. If you are honoring the contract, then everything is fine...
So, some of my friends, would say company A is a bloodsucker....for me they are still better than most other Desi consultancy companies.
Since then, I have moved on in life and do not work for company A....
I agree to that wholeheartedly!
I used to work for a Consultancy A(a middle size desi Consultancy firm based out of NYC)...signed a 2 year contract...broke it within 6 months & joined an even worse company B(which I found out only after joining them...very small west coast company)... got sued by company A ...left B and joined back A.
But after coming back to them(A), I could appreciate more of their way of working ...as I saw even worse companies. If you are honoring the contract, then everything is fine...
So, some of my friends, would say company A is a bloodsucker....for me they are still better than most other Desi consultancy companies.
Since then, I have moved on in life and do not work for company A....
CADude
04-07 11:01 PM
My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
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