enthu999
07-16 11:01 PM
Hi,
I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
H1B which is dual intent.
Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.
Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?
Please advice,
Thank you
I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
H1B which is dual intent.
Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.
Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?
Please advice,
Thank you
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guitarzen
09-13 01:01 PM
You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.
The thing is...it doesn't design the web page. It is only a visual representation or layout program to help the client get ideas for what they might like. Once they get that...it still needs to be designed and the information added.
The thing is...it doesn't design the web page. It is only a visual representation or layout program to help the client get ideas for what they might like. Once they get that...it still needs to be designed and the information added.
GCNirvana007
04-07 05:15 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
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horscorp
02-09 06:56 AM
Thanks a lot. I understand the process better now.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
more...
Pallavi79
02-21 10:40 AM
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
Redeye
01-08 04:14 PM
However I got two sets of EAD and first set AP with second AP approved (latest from this morning). I am also travelling to India, technically I am in the US for both AP approvals. Done both finger printings. Not sure if this will cause a problem down the line.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
more...
psk79
05-27 12:10 PM
Hi,
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
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JazzByTheBay
09-05 10:43 PM
all the best jazz..
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
more...
Lisap
09-06 02:27 PM
Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you
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transpass
01-06 11:37 PM
IMO I think it's risky to apply parole while abroad. I think it will be rejected and the 485 is considered abandoned.
I think you should check with the lawyer for accurate info...
I think you should check with the lawyer for accurate info...
more...
AmitBohra
04-17 02:19 PM
i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
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pitha
07-12 10:40 PM
Please dont gets your hopes too high. I am not saying this out of scepticism but out of the depression and pain I experienced on july 2 when the evil uscis said they will reject all 485 applications.
I understand the good natured thought behind IV stating this possibility of "good news", but they should have held off on the announcement until it was confirmed. So many people are unnecessarily getting excited. god forbid if this news fails tommorow I can only imagine the pain the people would experience.
I can only pray and I will pray without getting excited.
I understand the good natured thought behind IV stating this possibility of "good news", but they should have held off on the announcement until it was confirmed. So many people are unnecessarily getting excited. god forbid if this news fails tommorow I can only imagine the pain the people would experience.
I can only pray and I will pray without getting excited.
more...
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raysaikat
07-25 10:34 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
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number30
03-28 12:27 AM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.
I am looking to buy a SUBWAY franchise outright costing 200 K
I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.
more...
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illinois_alum
03-06 09:42 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
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gotgc?
11-19 12:42 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
more...
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glus
05-13 08:26 AM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
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gc_kaavaali
07-29 07:35 PM
Please contact your local senator and explain your problem. Probably he/she can help you.
I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
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sanju_dba
07-22 05:33 PM
As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
jsb
10-30 12:13 PM
^^^^^^bump^^^^^
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
tonyHK12
10-20 10:04 AM
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
Yeah I agree, I'm a regular donor anyway. If my GC is getting delayed, then for every year after 2012 I would cut my rent by 100-200 a month :) All other expenses too.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
Yeah I agree, I'm a regular donor anyway. If my GC is getting delayed, then for every year after 2012 I would cut my rent by 100-200 a month :) All other expenses too.
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