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  • martinvisalaw
    06-29 05:12 PM
    Hi Ms Martin,
    Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.

    What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.

    First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.

    Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.





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  • surge
    02-20 08:25 PM
    Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

    Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
    So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.





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  • golucki
    07-27 10:24 AM
    Nice Idea. Works Great!





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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj



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  • vin13
    01-16 01:07 PM
    Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.

    In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.

    I think we are talking of two different aspects.





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  • acecupid
    08-23 04:33 PM
    Receipts received on Aug 21, for I-485, I-131 and I-765 for application sent on July 16th :D



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  • anilsal
    12-25 01:32 AM
    top if the administrators can make this thread sticky. :)

    IV has really mobilized the EB immigrant community under one roof.

    I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.





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  • petersebastian
    04-02 01:09 PM
    Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.

    No, they will not. In fact, if I get married to him, they will deport me immediately.
    Well guys thanks for your help...

    And you're not the only one to tell me to stay here to get my gc. I was also advised to marry a woman just for the gc. The point is that I don't want to do anything illegal.

    But I considered all those options. All I want to do right now is to stay with my partner just a little bit longer, I can't imagine putting an ocean between us again. I understand that I'm already in a difficult situation, and I will have a lot of explaining to do in the future when applying for a visa (since as I understand my current one is no longer valid), but I just want to get a ban. That's the only thing I'm afraid of.



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  • amitjoey
    07-06 01:03 AM
    Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
    --sri


    If somebody wants to create a seperate message, release it, I can dig it.
    I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.

    Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).





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  • immigrationvoice1
    10-05 12:05 PM
    What does your online status say? Mine changed today and says the following:

    Current Status: Approval notice sent.

    On October 3, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.

    No idea what it means though. If you are a July 2nd filer, the above surely should not mean I am about to receive mine anytime now...Confused:confused:



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  • chanduv23
    03-04 11:04 AM
    Dear IV Lawyers,
    First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.

    We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.

    i - 9 form clearly says that one cannot discriminate against EAD.

    At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
    A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.

    My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.

    My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.

    Your suggestions and comments are appreciated.





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  • lotsofspace
    02-14 12:54 AM
    Find yourself chocked up with G.C delay ? find your voice here.
    - Immigration voice



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  • logiclife
    01-02 09:09 PM
    There is an analysis on the upcoming immigration bill in washingtonpost.com on the frontpage of online version of the paper. In BOLD.

    (This article is also crossposted on immigrationportal.com. Eventually I am going to cease posting there and post exclusively here)


    The article majorly deals with the politics of the immigration bill coming in Feb 2006 on both side of the aisle and people's opinion in general.

    There is no mention of legal immigration. None. Nothing. NADA. ZIP.

    Its all about illegal immigrants(mostly mexicans who jumped the fence on the southern border). And guess what?? Majority of America is against illegal immigration. And my fear is that the winds blowing against illegal kind of immigration will sweep us all in the same bundle and punish the LEGAL kind of immigration. Kind of like GUILT by association.

    Here is a quote from washingtonpost.com(Most read inside Washington DC)

    The Post-ABC News poll found that four in five Americans think the government is not doing enough to prevent illegal immigration, with three in five saying they strongly hold that view.

    The same poll found that 56 percent of Americans believe that illegal immigrants have done more to hurt the country than to help it, with 37 percent saying they help the country. About three in five Republicans and a bare majority of Democrats agreed that illegal immigrants are detrimental to the country.

    See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html

    My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are

    1) Present Legally.
    2) Entered LEgally.
    3) Work legally.
    4) Pay their income taxes.
    5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
    6) Play by the rules, file petitions for work permits and for permenant residency.

    Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.

    I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.





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  • aristotle
    07-11 10:59 AM
    Hi Folks,

    Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.

    Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).

    - GS

    Congratulations!! Why didn't you do Concurrent filing in June?



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  • miguy
    06-25 10:22 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify





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  • Libra
    08-03 12:30 PM
    Guys, I am july 2nd filer and i got my checks cashed and waiting for reciepts....your checks will be cashed soon dont worry........until then why start new threads on same topic....instead will go to contribution thread and will start our posting there.....howzatt



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  • MYGC2008
    03-18 01:04 PM
    You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.

    So tell me what is remaining beteween you and your ex-empoyer???
    So he cancelled your H1B and also your I-140 later.
    Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?





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  • kams
    01-10 11:08 AM
    I-140 applied May 2007, EB-2 Nebraska. Approved Jan 8, 2008.





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  • murali3000
    03-04 12:09 PM
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    good idea
    06-02 09:53 AM
    Interview Date: Friday May 6, 2011
    My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
    Visa Officer: A Lady
    Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
    Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
    Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
    Current status: last correspondence via email was on May 13th, no response as of yet.

    Am I experiencing this because of my employment model? Any comments from anyone?
    Did anyone else have similar experience? Anyone from Southeast Asia?

    -Yes, this is because of E/V/C model. I have never come across such case (221g) if someone works at employer location, except one, that guy's passport had some issue, and his case got sort out with in a week, in-fact, he did not get 221g. I have not come across case with E/C model too.

    -I know at least 7 guys with E/V/C model waiting in India because they got 221g, and still waiting for decision.





    gcwait2007
    07-20 11:26 AM
    Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.

    Nice suggestion, buddy :p

    New Delhi Embassy still have Aug 2007 dates available



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