bijualex29
05-26 06:51 AM
Analysis of Visa prediction if Bill passes in senate in current form
90,000 visas to clear backlog, 10% county limit.
9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).
Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?
Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.
90,000 visas to clear backlog, 10% county limit.
9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).
Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?
Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.
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ajay
08-16 08:41 PM
What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
lskreddy
12-11 02:24 PM
Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
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Blog Feeds
04-26 11:30 AM
As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.
An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.
But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:
If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.
More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)
An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.
But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:
If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.
More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)
more...
ramankgb
06-03 11:15 AM
E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
gcformeornot
09-25 07:50 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
more...
qplearn
09-10 10:31 AM
Bravo!
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
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urpal
06-22 08:11 AM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
more...
frostrated
10-26 02:03 PM
"NO right turn on Red" can be thought of as an image. Whenever we read anything, we do not actually read the spelling of the word, but we look at the image the words form. That is the reason we sometimes have difficult when the letters are not legible as the image does not map to anything in our permanent memory. humans or any animals recognize through visual stimulii, not reading. Think more on this, it is interesting to the solutions that come out of it.
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emmNemm
12-11 05:13 PM
Thanks enqueued, maddipati1,lskreddy, va_dude, vin13 for the valuable information. I really appreciate it.
more...
GCmuddu_H1BVaddu
05-02 06:16 AM
Seriously???
Ok, let us assume I am a manner less fellow. I am still far better than you who is feeeling resentment against someone because of that person's advantages.
You are the first one who quickly posted saying 'Not Good'. Any one in the world will say, you were abusive to the OP. Practice Nirvana, it will be good for you.
Gcmuddu , u r still eb3 coz u r so abusive,
u must have abused to the lawyer also
so she let you rot as eb3
I hope all eb3 gets the card but you get to
go back to the culture you belong, coz u certainly
don't fit in USA
Do yourself a favor , learn manners, card
will not teach you that.
Btw how does ur family tolerates you?
Or are a big hypocrite to tell ur son/ daughter(if any)
to be polite and here in public forum u bad mouth
wish your mom should have taught you more
I feel sad when you say "kutte"
noone should loose their loved ones soon,
else they try to find them in public forums,
good luck
Ok, let us assume I am a manner less fellow. I am still far better than you who is feeeling resentment against someone because of that person's advantages.
You are the first one who quickly posted saying 'Not Good'. Any one in the world will say, you were abusive to the OP. Practice Nirvana, it will be good for you.
Gcmuddu , u r still eb3 coz u r so abusive,
u must have abused to the lawyer also
so she let you rot as eb3
I hope all eb3 gets the card but you get to
go back to the culture you belong, coz u certainly
don't fit in USA
Do yourself a favor , learn manners, card
will not teach you that.
Btw how does ur family tolerates you?
Or are a big hypocrite to tell ur son/ daughter(if any)
to be polite and here in public forum u bad mouth
wish your mom should have taught you more
I feel sad when you say "kutte"
noone should loose their loved ones soon,
else they try to find them in public forums,
good luck
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knnmbd
05-25 08:26 AM
I presume this is independent of the Advance degree provision in Sec 508 of the bill. India/China would not qualify for the diversity visa program any way. Correct me if I am wrong.
more...
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gcpadmavyuh
09-17 01:00 AM
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GCHope2011
09-07 04:33 AM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
more...
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cvk90
07-05 02:01 PM
they told me that there would not be a 10% penalty but I cannot roll over either. My basic question is that whether IRS controls the benefits offered by private organization based on visa status ? This does not make sense.
Retirement benefits are similar to health benefits, tuition reimbursement benefits etc., in that the employer can choose whether to offer them or not. Why would visa status come in picture ? Also, L 1 is 'dual intent' and my I-485 was applied on June 28, 2007.
Could someone comment on the legality of this whole argument ? Thanks a lot.
Retirement benefits are similar to health benefits, tuition reimbursement benefits etc., in that the employer can choose whether to offer them or not. Why would visa status come in picture ? Also, L 1 is 'dual intent' and my I-485 was applied on June 28, 2007.
Could someone comment on the legality of this whole argument ? Thanks a lot.
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crystal
07-07 10:31 PM
Why you are spamming all the thread with the same message. We already have two thread for this video Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
more...
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desim
07-19 12:47 PM
Thanks mp70 for sharing the information. Your experience has helped me with two worries. My 797 was approved in June end and I am going for stamping at Chennai at the end of July. You put my worries with the short gap PIMS verification issues to an end.
It is good to know that there is a separate counter for revalidation. Did the officer ask any information for dependents H4 visa?
Also, did you do anything to check whether your petition was present in the PIMS database?
It is good to know that there is a separate counter for revalidation. Did the officer ask any information for dependents H4 visa?
Also, did you do anything to check whether your petition was present in the PIMS database?
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aadimanav
12-11 03:54 PM
Thanks for everyone who replied.
What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?
Any experience holder?
Thanks,
What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?
Any experience holder?
Thanks,
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Mount Soche
12-18 06:21 PM
Summons to serve on the jury are sent to anyone with a driver's license so non-US citizens should not be surprised to get them.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
jnayar2006
05-29 12:43 PM
I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
Michael chertoff
08-07 09:12 AM
Only one so far.. i hope next month there will be big forward movement.:)
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