rkumar18
11-21 11:23 AM
Cubans are politically active and highly vocal in advocacy of their cause. Are you?
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.
Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.
Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.
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SunnySurya
08-21 03:19 PM
I don't know, you tell me!
Does 25-30 lacs sound like a good deal to you ?
Does 25-30 lacs sound like a good deal to you ?
uma001
12-07 03:05 PM
My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.
Which position did your brother apply for and which technology?. 55 lakhs is too high for a person who has only 6 years of US experience.
Which position did your brother apply for and which technology?. 55 lakhs is too high for a person who has only 6 years of US experience.
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gc4me
12-04 12:04 PM
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.
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VenuK
07-09 11:29 PM
--H1-B Case History--
Had H1 with company X from June 04 to Dec 07. Applied for extension in Jun 07.
Got RFE in Feb 08, received Denial on May 2nd, 08.had 2 options at that moment
(1) Make an appeal ( which i did)
(2) Leave the country in 30 days. ( which i obviously not choosen)
Made appeal. same time applied for H1-B Transfer with Company Y with Premium Processing
on May 29th,2008 through consular processing. Received Approval Notice on Jun 6th, 2008
with Same I-94 number that of company X. I have to get visa stamped with
company Y asap.
--Points to be noted--
(1) paystubb are still generated with company X till current date.
(2) passport coming to expiration on March, 2009
(3) I'm currently working at the client site.(started since Sep, 07)
(4) Did Masters from Jan 2001 to Dec 2003
--PIMS Verification--
I heard new process being put in place.
does any one knows the email id, phone number or fax to whom i should send the I-797 for Verification process. Planning to go Tijuana, Mexico.
--Questions--
Does any one can advice who have gone (or) is under similar situation
on the following things?
(1) Is it legal to work in current situation that I'm in
(2) how good are my chances for getting visa stamped in Tijuana,Mexico.
(3) Planning to go for stamping in Next couple of months. kindly let me know if any one
wants to join me for getting stamping done in Tijuana, Mexico.
(4) Additional information in this related is more than welcome
(5) What could be the potential questions that can be asked during stamping interview?
Had H1 with company X from June 04 to Dec 07. Applied for extension in Jun 07.
Got RFE in Feb 08, received Denial on May 2nd, 08.had 2 options at that moment
(1) Make an appeal ( which i did)
(2) Leave the country in 30 days. ( which i obviously not choosen)
Made appeal. same time applied for H1-B Transfer with Company Y with Premium Processing
on May 29th,2008 through consular processing. Received Approval Notice on Jun 6th, 2008
with Same I-94 number that of company X. I have to get visa stamped with
company Y asap.
--Points to be noted--
(1) paystubb are still generated with company X till current date.
(2) passport coming to expiration on March, 2009
(3) I'm currently working at the client site.(started since Sep, 07)
(4) Did Masters from Jan 2001 to Dec 2003
--PIMS Verification--
I heard new process being put in place.
does any one knows the email id, phone number or fax to whom i should send the I-797 for Verification process. Planning to go Tijuana, Mexico.
--Questions--
Does any one can advice who have gone (or) is under similar situation
on the following things?
(1) Is it legal to work in current situation that I'm in
(2) how good are my chances for getting visa stamped in Tijuana,Mexico.
(3) Planning to go for stamping in Next couple of months. kindly let me know if any one
wants to join me for getting stamping done in Tijuana, Mexico.
(4) Additional information in this related is more than welcome
(5) What could be the potential questions that can be asked during stamping interview?
hsingh82
04-27 05:06 PM
Dear Sabeesh,
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
more...
acecupid
08-19 09:38 PM
If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
2010 Golden Gate Bridge
simple1
05-11 06:49 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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qualified_trash
12-15 01:48 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
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Prashanthi
05-12 03:29 PM
You can travel on the same visa as long as you come back before september.
more...
KanME
11-14 09:30 PM
The December bulletin is extremely frustrating.
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..
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deepakjain
02-24 11:14 AM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
more...
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Jerrome
05-21 12:42 PM
well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?
No you have to send AC21 with new EVL.
No you have to send AC21 with new EVL.
tattoo The Golden Gate Bridge
Hey Ram GC
04-08 10:11 AM
GCcube: How did you come to know that your NC / SC is cleared?
Did you call IO
( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not
Did you call IO
( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not
more...
pictures Golden Gate Bridge panorama
MArch172008
05-24 03:02 AM
How much time it is taking for I140 processing ?
Is there any hope in near future for priority dates to be current?
regards
Is there any hope in near future for priority dates to be current?
regards
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srikondoji
09-10 10:49 PM
You can buy even now as there is 2 day delivery option also.
Atleast buy a mug or cap or something.
Hi,
I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.
Thanks.
Atleast buy a mug or cap or something.
Hi,
I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.
Thanks.
more...
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walking_dude
11-21 11:33 AM
You are probably refering to Cubans in Cuba and their leader Castro.
I'm refering to Cubans in Florida who are a solid 'vote bank' for Republican Party. They have even become Senators and Congressman, without sacrificing their Cuban heritage.
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???).
I'm refering to Cubans in Florida who are a solid 'vote bank' for Republican Party. They have even become Senators and Congressman, without sacrificing their Cuban heritage.
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???).
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StarSun
05-03 02:29 PM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
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Bpositive
12-06 04:41 PM
Thanks guys...
btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .
"On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."
Trust the USCIS to make everything complicated!
Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.
btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .
"On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."
Trust the USCIS to make everything complicated!
Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.
frostrated
09-03 01:59 PM
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
h1bnogc
08-30 06:51 AM
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
