dassumi
12-23 02:58 PM
This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
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snowshoe
12-19 02:21 PM
I went to Consulate General of Mexico, New York this morning, when the Visa officer asked me for my air tickets I told her that I am taking a cruise that has a stop in Calica, Mexico. She told me that a visa is not required in such cases and gave me a flyer that contains this info.
This is a para about Leisure cruises:
"A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."
This is a para about Leisure cruises:
"A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."
Canuck
02-06 04:44 PM
I don't think an employer can force you to repay the green card costs if you leave them as soon as you get it. That is illegal and against the law to make a foreign national pay for the costs of green card sponsorship!
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GcInLimbo
12-01 12:28 PM
Thank You for your reply. Here are the more specifics of the case in short and understandable manner.
1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
2) In February 2007 my company got an RFE on my H1B extension.
3) In Mar/Apr 2007 my company replied to the extension with the requested information
4) In Apr 2007, my case was transferred to Seattle Local office
5) In June 2007, my I-140 got approved
6) I-485 became current in July 2007, and we applied
7) I started working for another employer in August and the H1B was approved in September.
7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
9) We later withdrew the application as she got her EAD approved and I-485 receipt
10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.
Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.
Once again thanks for your input.
1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
2) In February 2007 my company got an RFE on my H1B extension.
3) In Mar/Apr 2007 my company replied to the extension with the requested information
4) In Apr 2007, my case was transferred to Seattle Local office
5) In June 2007, my I-140 got approved
6) I-485 became current in July 2007, and we applied
7) I started working for another employer in August and the H1B was approved in September.
7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
9) We later withdrew the application as she got her EAD approved and I-485 receipt
10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.
Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.
Once again thanks for your input.
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srinivas_o
01-08 10:16 AM
Hello Gurus,
I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.
Thanks.
Srinivas
I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.
Thanks.
Srinivas
ronnie0479
08-15 11:54 PM
Hi -
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
more...
raysaikat
07-30 07:18 PM
I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
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manand24
09-28 08:02 AM
EAD - Card production ordered for me and my wife on 09/27/2007.
See signature for details:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 9:00AM
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 8:00AM
See signature for details:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 9:00AM
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 8:00AM
more...
freddyCR
January 5th, 2005, 07:36 AM
Tthanks to all. Lecter those shoots are awsome ! I have never used this technique on portraits, although I see the intention is the same.
I must try it some day.
I just realised about the tilt. And about coloring some other parts...well although aesthetically might be a good idea, it would divert the attention from the main message of the picture, I think.
One other thing, there's a pun in the lettering on the wall; for those of you who don't speak spanish it says :
"FORBIDDEN TO THROW JUNK"
And finally, here's another example of selective coloring of which I'm quite fond. You may have seen it in the gallery...I call it "Enjoy Life". I'd appreciate your input on this, even though it's the same thread.
FREDDY
http://www.dphoto.us/forumphotos/data/511/2555enjoy-clouds1_Medium_.jpg
I must try it some day.
I just realised about the tilt. And about coloring some other parts...well although aesthetically might be a good idea, it would divert the attention from the main message of the picture, I think.
One other thing, there's a pun in the lettering on the wall; for those of you who don't speak spanish it says :
"FORBIDDEN TO THROW JUNK"
And finally, here's another example of selective coloring of which I'm quite fond. You may have seen it in the gallery...I call it "Enjoy Life". I'd appreciate your input on this, even though it's the same thread.
FREDDY
http://www.dphoto.us/forumphotos/data/511/2555enjoy-clouds1_Medium_.jpg
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mmanurker
12-31 04:36 PM
Is your PD is current ? Goodluck any how.
I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?
I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?
more...
jay75
07-12 10:19 PM
Count me in for this law suit. I'm willing to contribute money for this.
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
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sweet23guyin
02-13 12:47 PM
Don't be LAZZY...activity on IV is easy
more...
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Canadian_Dream
11-17 12:38 PM
Thread: If EB Reform happens it will happen in 2007
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
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cbpds
09-01 07:10 PM
Its not the question of opening borders, its more about how we sons and daughters treat our parents and cater to them after we go back home from work.
All they want is a friendly and meaningful conversation and respect once a day.
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
All they want is a friendly and meaningful conversation and respect once a day.
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
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senthil1
04-14 09:58 PM
Even though your employer made you to fake your experience you accepted that. If your employer or anyone complaints about faking your experience you may be in serious trouble especially if you put USA experience. That could lead to fraud charge (In case if anyone reports to FBI) in extreme case. But I did not hear any cases like that in past because no one made formal complaint to government agencies.
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
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hary536
05-20 03:51 PM
Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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forgerator
09-05 05:18 PM
EB3 India se pehle EB3 ROW ka number aye ga ... maybe even before EB2 I :D
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champu
03-12 09:25 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
:):):):):):)
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gene-O
10-20 05:27 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
PALLO
04-20 06:07 PM
thanks for your input. Is it possible to do labor at multiple locations simultaneously?
San_Chez
03-19 01:33 PM
Hello jnrajan and King37:
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
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