Azgc005
06-22 10:11 AM
My company has been getting mine done thru premium processing..The latest one took exactly one week from the date of receipt
wallpaper Unfortunately, Tom Felton, who
grimreaper
07-23 12:40 PM
I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?
Thanks for the help.
If you were never convicted, you should not have any problems. Because remember, you are innocent until proven guilty ( which means conviction) and being charged is not an offense by itself. You might face some problems at POE because your finger prints might show up due to arrest record, but if you have court documents showing you were acquited or police documents showing that your charges were dropped, you should be OK.
Thanks for the help.
If you were never convicted, you should not have any problems. Because remember, you are innocent until proven guilty ( which means conviction) and being charged is not an offense by itself. You might face some problems at POE because your finger prints might show up due to arrest record, but if you have court documents showing you were acquited or police documents showing that your charges were dropped, you should be OK.
Prashanthi
08-21 01:39 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
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Ann Ruben
05-14 04:27 PM
The most important issue is to insure that any USCIS notices come directly to you. If the RFE was sent to your address, that is a good sign. Technically, the G-28 is only for your legal representative, though sending one in as advised above would do no harm. You might also, or instead, send a letter signed by you and your wife advising that you are no longer represented and asking that all future correspondence be addressed to your home. I would then follow up with the National Customer Service Center to make sure they have correct information.
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Appu
05-25 11:21 AM
Depends on where you are going and the route you are taking. You have to clarify transit visa issues. Many airlines will require a transit visa if you don't have the green card.
r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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GCwaitforever
09-13 12:55 PM
It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
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wkhalifa
05-19 05:58 PM
hi can any one help me i have i-140 notice 10/22/07 and up till now i can not track it online every time i try the respond is th rn is not correct my employer called couple of times and every thim they till him it is a problem in the system and they sent sr but no thing done is there other cases like me ? what i should do ?
thanks
lc eb3 11/06
i-140 10/07
thanks
lc eb3 11/06
i-140 10/07
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desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
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justAnotherFile
01-31 07:21 PM
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Springflower
12-23 03:05 PM
Ajay,
Thank you for your reply.
I am assuming that you did not apply for AP earlier.
You took the Infopass and got the AP in 2 weeks.
[I read in the USCIS website that, if you had applied for AP & if you have to travel in emergency, they speed it up & issue the AP during Infopass appointment].
I think it is true whether we have an AP application in process or not.
Did you take photos, check, I-485 receipt etc., along with you to the InfoPass interview?
It is good to know that we can get AP if we have to travel urgently.
Did they say they would mail the AP to your address in your Infopass
appointment?
Thank you for your help!
Thank you for your reply.
I am assuming that you did not apply for AP earlier.
You took the Infopass and got the AP in 2 weeks.
[I read in the USCIS website that, if you had applied for AP & if you have to travel in emergency, they speed it up & issue the AP during Infopass appointment].
I think it is true whether we have an AP application in process or not.
Did you take photos, check, I-485 receipt etc., along with you to the InfoPass interview?
It is good to know that we can get AP if we have to travel urgently.
Did they say they would mail the AP to your address in your Infopass
appointment?
Thank you for your help!
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tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
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everonh1
06-26 12:07 AM
Hi All,
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
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rajenk
11-18 05:38 PM
What I have heard was they ask for a copy of I-140 approval. No Original needed. Also I don't think you'll get the original I-140 approval, that is a petitioner's document to own. You should be able to get a copy of I-140 from your employer/attorney.
Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.
Yes for 6+3 year extensions they ask for copy of approved I-140s.
Hope that helps.
Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.
Yes for 6+3 year extensions they ask for copy of approved I-140s.
Hope that helps.
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Blog Feeds
11-18 03:00 PM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W.
The VWP allows nationals from VWP countries to fill out an ESTA application prior to traveling to the United States to determine the traveler’s eligibility and whether such travel poses a security risk. The ESTA application provides basic biographical, travel, and eligibility information and must be submitted online prior to traveling. There are currently 35 countries eligible to travel to the United States under the VWP. Travelers under this program may enter the U.S. for either business or tourism for up to 90 days without obtaining a visa.
To view the list of VWP countries please visit the CBP website at www.cbp.gov (http://www.cbp.gov).
More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/pilot-program-for-travelers-on-flight-6.php)
On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W.
The VWP allows nationals from VWP countries to fill out an ESTA application prior to traveling to the United States to determine the traveler’s eligibility and whether such travel poses a security risk. The ESTA application provides basic biographical, travel, and eligibility information and must be submitted online prior to traveling. There are currently 35 countries eligible to travel to the United States under the VWP. Travelers under this program may enter the U.S. for either business or tourism for up to 90 days without obtaining a visa.
To view the list of VWP countries please visit the CBP website at www.cbp.gov (http://www.cbp.gov).
More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/pilot-program-for-travelers-on-flight-6.php)
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javadeveloper
03-28 07:20 PM
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
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imconfused
06-29 08:09 AM
my i-94 is abt to expire in 7.5 months time... due to passport expiry date, though my H1B is valid for 1+ more year...how soon can i renew my I-94,? I understand i have to renew my passport first in order to get the I-94 renewed.
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vfx
07-09 11:52 AM
Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?
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roseball
10-10 01:10 AM
Sorry.. Subject should have been "Filing PERM During 6th year of H1"
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
Yes, you can start your GC process anytime. You have a safety net of an approved I-140 to get you H1 extensions. Yes, as long as there is a job which you are eligible for and the company is willing to sponsor you, there wont be any issues in applying.
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
Yes, you can start your GC process anytime. You have a safety net of an approved I-140 to get you H1 extensions. Yes, as long as there is a job which you are eligible for and the company is willing to sponsor you, there wont be any issues in applying.
bidhanc
04-23 12:38 PM
You might want to be careful abt the Birth Certificate.
I have seen in many forums and even heard from a friend who sponsored his parents with the Original Certificate.
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
I have seen in many forums and even heard from a friend who sponsored his parents with the Original Certificate.
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
bobbo0722
08-06 11:51 AM
excellent! :hugegrin:
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