pappu
10-26 02:05 PM
Please check the following threads-- http://immigrationvoice.org/forum/forum106-non-immigrant-visa/25402-h1-and-h4-stamping-india-travel.html
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html
Please also help everyone by adding useful information on this wiki page ---
http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html
Please also help everyone by adding useful information on this wiki page ---
http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries
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indianabacklog
08-06 07:09 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
sidd_k2002
02-11 05:35 PM
No i dont have any brothers or sisters. I am the alone child of my parents.
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prashantkh
07-09 01:37 AM
Tom Tancredo is a very narrow minded individual with myopic vision, he seems to be in a state of denial. I think he wouldn't be able to further deteriorate the already messed up situation.
more...
I_need_GC
07-24 10:51 AM
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
perm2gc
09-18 02:30 PM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..
As of now you are EB3
Correct me guys if i am wrong
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..
As of now you are EB3
Correct me guys if i am wrong
more...
H1B2GC
09-30 09:20 PM
You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
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tb2904
12-21 11:11 AM
I was in a kind of similar situation couple of times
1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.
2. My visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.
Bottom line, if you don't have a green card it is better/safe to get a transit visa. France is a tourist friendly country and they process the visa much faster than other embassy provided you have had western country visa before (which in your case you do).
1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.
2. My visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.
Bottom line, if you don't have a green card it is better/safe to get a transit visa. France is a tourist friendly country and they process the visa much faster than other embassy provided you have had western country visa before (which in your case you do).
more...
R009
09-20 10:43 AM
Hi Mallikonnet,
Any idea how much it will cost me for H1 Extension. Thanks.
Any idea how much it will cost me for H1 Extension. Thanks.
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RamBharose
03-13 01:42 PM
Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.
i did not get it, what it has to do with h1b process?
i did not get it, what it has to do with h1b process?
more...
knowDOL
08-04 09:50 AM
Are you trying to substitue this LC that requires BS + 3-5 years or MS + 2 years? If so, and if you have not got answer to your question, the job requirements you posted qualify only for EB3 and not EB2 though you have MS. The labor should either Ask MS + 0-5 years or BS + 5 years to be qualified as EB2. EB2 and EB3 category does not depend on what you possess and only depends on what the job requirement is. So, BS + 3-5 years means BS + 3 years is also acceptable, so it goes into EB3.
and if you change company without substitution and apply in EB2 fresh and not substitution, you will still be able to port your EB3 PD which is JAn 2004 to your EB2 so thats good jump. Or if you have good relation with your current employer ask him to sponser and EB2 as you already have MS. that will work too.
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
and if you change company without substitution and apply in EB2 fresh and not substitution, you will still be able to port your EB3 PD which is JAn 2004 to your EB2 so thats good jump. Or if you have good relation with your current employer ask him to sponser and EB2 as you already have MS. that will work too.
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
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royus77
06-25 10:19 PM
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
I got notification for the same Receipt number which i had( Applied regular processing on May 15 and bumped to PP on 06/20 .Infact USICS notification came 2 days after my attroney received mail for PP
Receipt Number: EAC0716050372
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I129 PETITION FOR
A NONIMMIGRANT WORKER was received on June 22, 2007. We mailed you a
receipt with information about processing. We will mail you a decision as
soon as processing is complete You can use our processing dates to
estimate when this case will be done. Follow the link below for current
processing dates.
I got notification for the same Receipt number which i had( Applied regular processing on May 15 and bumped to PP on 06/20 .Infact USICS notification came 2 days after my attroney received mail for PP
Receipt Number: EAC0716050372
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I129 PETITION FOR
A NONIMMIGRANT WORKER was received on June 22, 2007. We mailed you a
receipt with information about processing. We will mail you a decision as
soon as processing is complete You can use our processing dates to
estimate when this case will be done. Follow the link below for current
processing dates.
more...
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OLDMONK
09-16 12:29 AM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
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boston_gc
05-30 10:31 PM
My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
more...
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bbenhill
02-10 08:22 PM
If you have land/home or property then you can show that to the officer. That will show the intend to go back from US. I think for graduation purpose is good enough. at least they will grant around 1 month.
please giv me green if this is help :D
Thx
please giv me green if this is help :D
Thx
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fake_id
09-05 04:53 PM
Welcome to reality.
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bidhanc
02-01 10:28 AM
Hey Shana,
I hv sent you a PM.
If you could check that.
Thanks
I hv sent you a PM.
If you could check that.
Thanks
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sledge_hammer
06-29 10:08 AM
^^^^
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MAC
March 27th, 2004, 08:47 AM
Cool Shot Indy Bud!
Here is my March Madness shot:
http://member.newsguy.com/~kentucky/bb/bbpics.htm
Here is my March Madness shot:
http://member.newsguy.com/~kentucky/bb/bbpics.htm
BECsufferer
10-02 01:17 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
coopheal
09-13 03:42 PM
I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).
btw, I dont get why I am already 'infamous' :)
I am sure you are well aquinted with IV and EB process.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
btw, I dont get why I am already 'infamous' :)
I am sure you are well aquinted with IV and EB process.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
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