h1techSlave
02-23 08:51 PM
My employer participates in e-verify and we have several employees in H1/EAD/OPT etc. No issues so far.
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
wallpaper Drake, Nicki Minaj, Lil Wayne
gcformewhen
09-10 06:59 PM
Thank you uscisc.
I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?
Thanks
I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?
Thanks
Manbir
06-26 06:26 PM
I am in need of this info and want to clarify my doubt. Please reply soon.
Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.
If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)
This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."
Regards,
Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.
If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)
This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."
Regards,
2011 Lil Wayne And Birdman Kissing.
amindarshana
11-30 11:17 AM
Somebody please reply..
Still waiting for receipt.
Still waiting for receipt.
more...
sroyc
07-09 04:23 PM
I believe that it's the date of last physical entry into the U.S.
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
roseball
01-02 10:09 PM
Hi sir,
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.
more...
sunny1000
11-16 10:07 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.
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gc_maine2
05-22 09:21 AM
Congratulations !!!.Enjoy your freedom...
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
more...
munnu77
06-09 04:41 PM
good luck!!
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vinabath
03-17 04:30 PM
1. your employer has to proffer you a position which has either BS+5 or advanced degree as minimum requirement.
2. you accept it and ask your employer to start the GC process.
3. your employer applies for Labor Certification for the proffered position.
4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140
2. you accept it and ask your employer to start the GC process.
3. your employer applies for Labor Certification for the proffered position.
4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140
more...
kshitijnt
04-30 01:14 PM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
Thanks in advance.
does not hurt to get a new one.
Thanks in advance.
does not hurt to get a new one.
hot TQ Board - Lil Wayne and Baby
Laasya05
12-29 08:40 PM
about H4 time not counting towards H1.
more...
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Munna Bhai
04-18 11:21 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
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arnet
10-31 07:26 PM
The application procedures vary based on the consulate you are planning to visit for visa stamping.
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
more...
pictures Lil Wayne Kissing Drake.
sanju_dba
03-10 10:59 AM
Any body has a soft LUD on approved EAD while I 485 pending.
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
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pd_recapturing
05-27 11:17 AM
do we need to send passport size photos along with supporting documets after efiling ?
more...
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furiouspride
08-24 07:10 PM
Ok you have an H1 with an employer and you got another job offer in a different company through this employer? How is this possible?
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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gc_aspirant_prasad
11-14 09:13 PM
Bump
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
eilsoe
09-30 08:49 AM
oki, but u could also go for the built in flare filter...
aksaharan
09-24 03:46 PM
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
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