agaballa
01-29 02:43 PM
Here is the situation:
I-485 is pending
H1 Visa will expire on July 31, 2009 (extension is being filled now)
AP is pending for 6 months with no end in sight...
No EAD
Need to travel in end of June for a month:
my question is
Can I travel on AP when my H1 petition is pending?? (I do not expect that I will get it before I leave, it took more than 6 months last time). I read in many places that if you apply for H1 petition you cannot leave till it is approved, is that true???
Thanks
I-485 is pending
H1 Visa will expire on July 31, 2009 (extension is being filled now)
AP is pending for 6 months with no end in sight...
No EAD
Need to travel in end of June for a month:
my question is
Can I travel on AP when my H1 petition is pending?? (I do not expect that I will get it before I leave, it took more than 6 months last time). I read in many places that if you apply for H1 petition you cannot leave till it is approved, is that true???
Thanks
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jilh
07-29 07:23 PM
We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.
We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?
This scientist is very important to our company. What shoul we do to let INS reconsider this decision?
Thanks for your help.
We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?
This scientist is very important to our company. What shoul we do to let INS reconsider this decision?
Thanks for your help.
chunky
08-21 01:45 PM
can anyone send me link please
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vicks_don
08-13 09:37 AM
Just fyi to be cautious.
There was a CBP Admission Review Squad at Washinton Dulles Airport on 11th evening. They sent all passengers from multiple flights to secondary check where they had to wait for over 4 hours. They were instances were people were not admitted or given just 1 month entry with specific instructions written on I94 that they cannot apply for EOS or AOS. This is for visiting Visa.
There was a CBP Admission Review Squad at Washinton Dulles Airport on 11th evening. They sent all passengers from multiple flights to secondary check where they had to wait for over 4 hours. They were instances were people were not admitted or given just 1 month entry with specific instructions written on I94 that they cannot apply for EOS or AOS. This is for visiting Visa.
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TO BE OR NO TO BE
05-24 03:23 PM
Thanks ragz4u
gccovet
01-26 07:07 AM
can someone pls help me with a few question on re entry permit. i will be going back to us after 1year 8months. i had applied for re entry perit in oct 2007 - i left us in may 2008 - my re entry permit is valid till july 2010. i will be going to us in feb 2010. my question is will i have problem because i left us before i got my permit. my husband who was still in us got my permit for me.
As far as my understanding goes, as long as you applied for the permit while in US, you are good. It should not matter if you got your approval after you left the country.
Please do check with others as well.
GCCovet.
As far as my understanding goes, as long as you applied for the permit while in US, you are good. It should not matter if you got your approval after you left the country.
Please do check with others as well.
GCCovet.
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adibhatla
04-29 12:37 PM
I traveled (together with my family) through this route last year with the same circumstances you are in. There will be no problem and they won't ask you for any documents. If your flight on return is from Dubai to any US city, they will see your AP, Passport. If you have a valid AP at that time then they will allow you back.
Cheers!
MA
Cheers!
MA
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gsc999
09-24 03:57 PM
People who PMed me, please check yu e-mail/ Pms for response.
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reddymjm
05-15 06:34 AM
If your I-140 gets approved when you are already in the sixth year, can you still seek the 3 year extension?
Yes U can.
Yes U can.
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geesee
07-07 02:54 PM
Yes, its possible. The only conditions are - your port of entry MUST be Newark, NJ & you MUST rent the apartment at Whitehall Gardens, Somerset.
If you dont meet any of these, USCIS will not allow you to convert from visitor to H1B
If you dont meet any of these, USCIS will not allow you to convert from visitor to H1B
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pariraj
12-06 09:54 AM
Hello All,
My wife is in a similar situation where she was on F1 till Sept 31st (OPT) and now on H1-B (since Oct 1st). I have also added her as a dependent in my GC application and hence she has received her AP. We are planning to go to India in the month of January. Can she return back using AP? I have read in other threads that one can return using AP and there is no need to stamp your H1-B visa in the passport. But in her case, the H1-B visa is not stamped even once. Can this be a problem if she enters using AP? I would appreciate your advise in this matter.
Regards,
My wife is in a similar situation where she was on F1 till Sept 31st (OPT) and now on H1-B (since Oct 1st). I have also added her as a dependent in my GC application and hence she has received her AP. We are planning to go to India in the month of January. Can she return back using AP? I have read in other threads that one can return using AP and there is no need to stamp your H1-B visa in the passport. But in her case, the H1-B visa is not stamped even once. Can this be a problem if she enters using AP? I would appreciate your advise in this matter.
Regards,
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dsneyog
01-15 09:21 AM
Thanks. That helps.
Now to make sure how do I know the person I found it correct?
I am in VA. Should I contact any senator on state or my county specific?
Welcome to MarkHerring.org (http://www.markherring.org/html/links.html)
here he is in my county. So I guess I am approaching right person?
Most have their websites. Send email and they will get back to you.
If no websites, find the address from the State Governor's website and send a letter explaning the situation. they will send you a document-release form. Fill that form and send copies of all the required documents for your case.
Most Senator's office are really quick in correspondence.
All the best.
Now to make sure how do I know the person I found it correct?
I am in VA. Should I contact any senator on state or my county specific?
Welcome to MarkHerring.org (http://www.markherring.org/html/links.html)
here he is in my county. So I guess I am approaching right person?
Most have their websites. Send email and they will get back to you.
If no websites, find the address from the State Governor's website and send a letter explaning the situation. they will send you a document-release form. Fill that form and send copies of all the required documents for your case.
Most Senator's office are really quick in correspondence.
All the best.
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shanky555
10-21 11:46 AM
If your parents have B1/B2 stamped and valid upto a future date, they dont need DATV.
Otherwise , they do
Otherwise , they do
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jamesingham
08-23 01:23 PM
My wife is planning to start MS on H4 visa next month. Her Visa is valid till Oct 2009, my H1 and H4 are renewed till OCt 2012 (no visa stamp yet.)
Before she starts going to school on H4 visa, do we need to inform USCIS or take any permission from them ?
Before she starts going to school on H4 visa, do we need to inform USCIS or take any permission from them ?
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hpandey
12-28 10:30 AM
Hi,
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
Hi Sunil
On 11/27 last month you said that you had received your FP appointment notice and you want to reschedule it . Did you not do it at that time ? Is this the second time you want to reschedule.
The procedure is the same as explained in your first post and yes you can reschedule it one day before it is due ( but I would strongly advise against it if this is the second time you want to reschedule ).
But I guess since your wife is in India you have no choice. Consult your lawyer also in this case so as to keep him in the loop and get his advise also.
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
Hi Sunil
On 11/27 last month you said that you had received your FP appointment notice and you want to reschedule it . Did you not do it at that time ? Is this the second time you want to reschedule.
The procedure is the same as explained in your first post and yes you can reschedule it one day before it is due ( but I would strongly advise against it if this is the second time you want to reschedule ).
But I guess since your wife is in India you have no choice. Consult your lawyer also in this case so as to keep him in the loop and get his advise also.
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auvrm
08-25 01:04 PM
My spouse currently is in H4. Is it possible to get his F1 visa stamped (with i-20 and other documents) within US? for example, in local USCIS offices.?
Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?
Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?
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ragz4u
04-07 10:27 PM
Think again ! :)
We are extremely excited to announce that some other senators we were in touch with, have introduced amendments in favor of legal skilled immigrants. We will reveal details pretty soon.
Before anyone thinks about posting that the bill is dead, we have some news for you! It is not. There is too much noise right now and the undocumented folks doing rallies with 100K people at one time, this will not be pushed under the rug. Also, we have heard whispers in DC that the immigration bill will be taken up pretty soon after the recess :)
Thanks to all the folks who believe in us :) Together we will achieve what he have set to achieve ......
We are extremely excited to announce that some other senators we were in touch with, have introduced amendments in favor of legal skilled immigrants. We will reveal details pretty soon.
Before anyone thinks about posting that the bill is dead, we have some news for you! It is not. There is too much noise right now and the undocumented folks doing rallies with 100K people at one time, this will not be pushed under the rug. Also, we have heard whispers in DC that the immigration bill will be taken up pretty soon after the recess :)
Thanks to all the folks who believe in us :) Together we will achieve what he have set to achieve ......
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alien4ever
09-25 12:19 PM
Anyone have any answers?
Hi,
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
Hi,
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
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maitabasa
07-26 10:05 PM
I obtained an H1B visa through Company A (starting October 2008) and the H1B visa was valid until September 2011, unfortunately in March 2009 I was laid off. As a result to maintain my status I switched from an H1B visa to a B1/B2 visa. I actually went to my home country and got the visitors visa from the consulate in my home country. In July 2009 I returned to the USA and entered the USA as a visitor on a B1/B2 visa.
My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?
Thank you.
My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?
Thank you.
eb2_mumbai
09-17 09:25 AM
In september my dates became current and my GC and my spouse GC has been approved . However my lawyer recieved interview notices for me and my wife. What should be the next step. Ignore the notices as we recieved the Green card or do we need to attend the interview.
My advice "do not ignore it". Best is to take an infopass and get it resolved. Else attend the interview. Take a local lawyer if you need and tell the officer that you already have a GC. It is better to personally close this issue than reklessly abandon it hoping that it will close by itself. It can create more mess than you can handle.
My advice "do not ignore it". Best is to take an infopass and get it resolved. Else attend the interview. Take a local lawyer if you need and tell the officer that you already have a GC. It is better to personally close this issue than reklessly abandon it hoping that it will close by itself. It can create more mess than you can handle.
crystal
12-18 09:23 AM
http://immigrationvoice.org/forum/showthread.php?t=15916
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