newbie2020
08-27 12:00 PM
I had posted this info much earlier..... Look at my other posts.
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andhrawala1000
03-16 07:20 PM
Pay stub amount is not in issue. Paystub is submitted as evidence that you are working (and thus in valid status on day you file the H1). As for visa, a valid visa in ppt can be used for travel though you have changed employers. But on reentry you must show the original receipt notice of employer (to whom you transferred). If you have got the approval, show that to get an extended I-94 and documenting correct employer on the I-94 and USCIS records.
ivuser
02-19 01:06 PM
QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
2011 in Kristen Stewart
Blog Feeds
07-27 03:40 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
more...
gcdreamer05
11-03 02:11 PM
Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
hpandey
06-27 07:28 AM
No you don't have to wait for your 3 year extension to return to US. Your lawyers and company are basically trying to get your three year extension so that you can get a 3 year visa stamped in your passport. But there's nothing stopping you from returning to US at any time on your current H1b.
For your second question - no you don't have to be present in the US to file for the extension .
For your second question - no you don't have to be present in the US to file for the extension .
more...
sandeep_1
07-22 10:48 PM
Anybody else whose spouse GC is stalled? Any suggestions?
oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.
oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.
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NolaIndian32
04-23 12:17 PM
Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
more...
redcard
09-18 11:37 AM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
If you have done your FP twice.. you need to have fun, relax and forget about 45 day letter.. you passed that stage long time back.. this is basically for people who have labor certification pending with BEC.. just in case you don't know what BEC is.. its the Back Log Elimination Center set up to clear labor applications filled under the old system�.. and in case you don't know what the old system is ...........ok� its $5 for every further clarification..
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
If you have done your FP twice.. you need to have fun, relax and forget about 45 day letter.. you passed that stage long time back.. this is basically for people who have labor certification pending with BEC.. just in case you don't know what BEC is.. its the Back Log Elimination Center set up to clear labor applications filled under the old system�.. and in case you don't know what the old system is ...........ok� its $5 for every further clarification..
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milind70
10-02 02:54 PM
Sandeep ,
My wife applied Sept 2nd , she got it very quickly I would say less than week. I applied Sept 17th ,called them Sept 29th ,they said u should get it by this week end. Let me know whats the result of your visit. Looks like i may have to visit them if i dont get it till this weekend. PM me your result of your visit.
Thanks
My wife applied Sept 2nd , she got it very quickly I would say less than week. I applied Sept 17th ,called them Sept 29th ,they said u should get it by this week end. Let me know whats the result of your visit. Looks like i may have to visit them if i dont get it till this weekend. PM me your result of your visit.
Thanks
more...
techskill
07-10 10:18 AM
I filed my AP on April 29th,2008. I had one LUD on July 8th , the status was case pending and another one today,today status changed to
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
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ragool25
08-16 03:27 PM
Hi,
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
more...
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Blog Feeds
09-28 12:50 PM
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
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saketh555
08-17 05:03 PM
Doesn't matter, you can show which ever has longer validity, they just need to make sure that you are legal.
more...
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cyclone_p
06-25 01:38 PM
Folks :
My paper EAD application has been rejected twice by USCIS. Here is the thread that discusses that :
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1598364-ead-renewal-rejected-twice-need-advice.html
I have eFiled this time. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
My paper EAD application has been rejected twice by USCIS. Here is the thread that discusses that :
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1598364-ead-renewal-rejected-twice-need-advice.html
I have eFiled this time. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
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agupta2683
07-08 03:07 PM
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
more...
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QuintonBermuda
05-06 04:56 PM
I have lived in GA for 5 years...but here is what I found on GSU's site (the school I would like to go to, looks like they have a specific policy):
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
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sk.aggarwal
04-04 04:07 PM
As far as I know, there is no grace period. USCIS may choose to ignore a reasonable gap or may approve without I-94. Dont worry about that for now. Talk to friends/family and others and just find someone to sponsor. But if you are not able to find someone to sponsor even after few weeks, you will have to leave US. Sorry mate and Best of Luck.. just be quick and you will fine
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andy garcia
07-31 10:08 AM
Nobody knows a answer
He is referring to applications that do not need labor Certification(NIW or EB1).
He is referring to applications that do not need labor Certification(NIW or EB1).
lee8191
05-20 08:09 AM
Hello, I'm Hyoung and I'm graduate student at Purdue University.
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
chintu25
08-16 02:37 PM
I was in MI for a long time, so have called them up and have urged them to join IV.
Hopefully they will make the right choice and do the right thing.
Akhil Thanks for your efforts ...If possible please give me their emails so I may contact them or u can ask them to join michigan chapter by following the link in my signature
Hopefully they will make the right choice and do the right thing.
Akhil Thanks for your efforts ...If possible please give me their emails so I may contact them or u can ask them to join michigan chapter by following the link in my signature
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