nashorn
12-12 01:11 AM
You can find out by calling USCIS. There is thread here teaching tricks to get to talk to a immigration/field officer. If you can do that, you can ask him/her, and may get the answer.
By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.
By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.
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rkdnc9
03-27 11:39 AM
Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.
bugsbunny
05-17 01:24 PM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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Alex1411
07-05 01:26 AM
Your questions are valid....but either way, you must enter US ASAP on your AP (or have someone mail ytou your GC). The issue is that you are NOT totally free once you get GC because immediately leaving your sponsoring employer is a no-no and can cause your GC to be revoked or be an issue at the time of citizenship. It is advisable to stick to the employer for 6mts to 1 year after GC - if the employer is still functioning. Also, USCIS has increased employment place visits for recent GC approvals. :)
Thanks for your answer!^^
Thanks for your answer!^^
more...
EkAurAaya
08-18 10:21 AM
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
bsnf
02-18 08:04 PM
Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
more...
Blog Feeds
12-18 03:40 PM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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impala
09-18 01:27 PM
god,,,this betrayel is killing me,,,,,can't able to digest this news,,,,
my dates are NOT current also ...
any advise?...
my dates are NOT current also ...
any advise?...
more...
chanduv23
05-14 10:48 AM
A lot of folks doing OPT from non IT fields applied for this year's H1b through IT consulting companies so that they reserve something like "H1b ticket" and are looking at getting h1b transferred to their non IT companies where they do OPT.
Dunno how all this will work out, will IT consulting companies help these folks to get a transfer as soon as they get approval?? I was under the impression that IT consulting companies want these folks to contribute to their business and not to use it as a reservation ticket system.
All folks trying to do this, talk to lawyers and be careful, don't believe ur IT consulting firms thinking they will give u a smooth transfer.
Dunno how all this will work out, will IT consulting companies help these folks to get a transfer as soon as they get approval?? I was under the impression that IT consulting companies want these folks to contribute to their business and not to use it as a reservation ticket system.
All folks trying to do this, talk to lawyers and be careful, don't believe ur IT consulting firms thinking they will give u a smooth transfer.
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paskal
12-25 03:41 PM
It is only missed if it is possible. We were in contact with key senate offices.
The bill was just too controversial and the appetite to include immigration provisions was just not there. We are stll making last minute efforts. the provisions are in the current CIR version and should be in all versions introduced as far as we know.
The bill was just too controversial and the appetite to include immigration provisions was just not there. We are stll making last minute efforts. the provisions are in the current CIR version and should be in all versions introduced as far as we know.
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franklin
09-25 02:52 PM
We should not mention who we are speaking to in a public forum. This will trigger all kinds of opposition flooding to whomever you mention, which will work against us
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
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10dulkar
08-08 09:34 AM
My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.
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09-12 02:52 PM
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validIV
03-05 05:10 PM
I have a similar situation and I just asked these questions from my lawyer so I can answer somewhat. Either case, someone will correct me if I am wrong.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
Not until your PD is current or close to being current. Does she have an approved LC and I-1140, pending 485 (concurrent filing)? If she does u may have some advantages like cross-chargeability etc.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Doesnt matter as long as you maintain either H1-B or AOS(pending I-485)
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
Not until your PD is current or close to being current. Does she have an approved LC and I-1140, pending 485 (concurrent filing)? If she does u may have some advantages like cross-chargeability etc.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Doesnt matter as long as you maintain either H1-B or AOS(pending I-485)
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dsairam
10-11 07:15 PM
My case was filed Aug 8th (NSC), received Reciept notice (email from lawyer) on Sep 18th and FP notice on Oct 4th. The FP appointment is tomorrow.
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eyeswe
05-15 12:49 PM
Thanks for the quick reply. Did you have a permanent US address though as you shuttled between Toronto and US?
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Brightsider
10-05 09:29 PM
My cousin was able to get it same day.
Drop everything and visit the local/nearest office as soon as you can.
The guys there are usually very sympathetic in such cases.
Best of luck
Drop everything and visit the local/nearest office as soon as you can.
The guys there are usually very sympathetic in such cases.
Best of luck
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kevnss
04-02 02:35 PM
Thanks for the useful information.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
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ivgclive
04-06 06:47 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
BMS1
11-08 12:34 PM
New H1-B is a possibility but you cannot join D until the application is approved and you go to a consulate, get the visa stamp and re-enter. All these need to be done in premium processing to reduce possible out-of-status conditions. Better you talk to an attorney.
kumaabh
01-12 06:35 PM
Gurus,
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
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