FSL
08-22 11:44 AM
Offcourse they have entered A# time of the finger print I even gave them my EAD card along with ID which has my A# on it and entered it from there. A# is also on FP form which you have to fill out if you have A#. Hope that helps.
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abhijitp
07-04 02:06 AM
Good one!
Cheran
02-15 11:42 AM
Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.
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stephsh
01-20 08:32 AM
I solved it :)
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WaitingYaar
01-09 09:39 AM
Thanks for the info. Any thoughts on under what scenarios they issue request for an interview. And does this means that the case is further delayed, or they randomly pick cases for interview.
pan123
12-29 05:53 PM
Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
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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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baburob2
09-08 07:38 PM
that shouldn't be any issue. She would be admitted at POE. However if she has filed for H4 extension and if the H4 extension is pending when she enters into US, the H4 extension will be considered abandonded and will be asked to go to consulate for stamping before her I-94 expires and can't use the approved H4 extension's I-94. check with yuour attorney on it.
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Jaime
09-12 10:22 AM
Putting a Face to the U.S. Reverse Brain Drain
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
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ski_dude12
07-13 01:14 PM
Another substitute case...
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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willigetagc
08-27 12:08 AM
Hi All ,
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).
You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).
When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...
convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).
You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).
When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...
convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.
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Blog Feeds
10-05 09:40 AM
What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
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rovingeye
07-26 02:28 PM
Hello Friends
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
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raysaikat
06-21 01:39 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
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prem_goel
11-18 06:11 PM
ha ha ha....well said...
ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market
First of all, is your profile legitimate? It shows your PD as Dec'07 / EB3/India and you are in 485 processing??????
anyway, as long as some fools doesn't admit the facts and realize the changing world, all those forums / blogs / hatred etc; will be just a waste of their time. ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market.
ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market
First of all, is your profile legitimate? It shows your PD as Dec'07 / EB3/India and you are in 485 processing??????
anyway, as long as some fools doesn't admit the facts and realize the changing world, all those forums / blogs / hatred etc; will be just a waste of their time. ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market.
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pscdk
08-05 08:15 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
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dummgelauft
11-01 03:59 PM
It is a good sign, you are still in the system!!
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.
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dazed
11-20 01:28 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
Thank you.
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GCmuddu_H1BVaddu
06-25 06:09 AM
I don't think anyone around can predict. Post the outcome after your cruise trip.
BTW, if I were you in J-1 situation I will stay at USA instead of the ship @Victoria. (I am not sarcastic, that is what I do).
I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
BTW, if I were you in J-1 situation I will stay at USA instead of the ship @Victoria. (I am not sarcastic, that is what I do).
I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
krishmunn
07-14 03:16 PM
It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check
njgcmar03
02-21 03:35 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
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