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krishnam70
11-20 04:26 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
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casinoroyale
01-31 02:18 PM
Ok, this is a tough'ie.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
laborchic
09-09 12:49 PM
These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!
:rolleyes:
:rolleyes:
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rkotamurthy
09-16 02:03 AM
If you ask " Why Am I responsible for low media attention?" My answer is each and every Legal Skilled Immigrant is responsible for this. We are a tribe who do not believe in shouting on the roads. We think this is cheap!
Trust me, this is not being done in any cheap manner. It is not cheap to ask what you deserve. It is not cheap to express one's opinion in a diginified manner not offending anyone. It is not cheap to explain your problems to your lawmaker.
If you think that participating in this rally is cheap and only uneducated would shout on the roads, then come to DC to witness PhDs, MBAs, PMPs, CPAs, Attorneys and some of the brightest and the best minds shout at the top of their voice to fix the broken immigration system.
Sounds unbelievable, come, witness it for yourself on Sept 18th at Washington Monument.
Trust me, this is not being done in any cheap manner. It is not cheap to ask what you deserve. It is not cheap to express one's opinion in a diginified manner not offending anyone. It is not cheap to explain your problems to your lawmaker.
If you think that participating in this rally is cheap and only uneducated would shout on the roads, then come to DC to witness PhDs, MBAs, PMPs, CPAs, Attorneys and some of the brightest and the best minds shout at the top of their voice to fix the broken immigration system.
Sounds unbelievable, come, witness it for yourself on Sept 18th at Washington Monument.
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beautifulMind
06-29 11:24 AM
Thanks
elusive
07-10 01:13 AM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
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paskal
09-29 12:30 PM
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
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Jaime
09-11 04:03 PM
By coming to DC!!!!
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MatsP
May 18th, 2005, 07:28 AM
I'm having a problem with a Nikon d100 camera taking the necessary pictures for a high dynamic range photo. I need to take 3 pictures in a short ammount of time (which I can do, using the bracket setting) but I need to vary the shutter speed manually in this setting, with a different exposure time for each of the 3 pictures taken in the bracket. Is there any way that I can do this, or any software that will allow me to accomplish this?
Thanks,
Trish
As far as I know, this is exactly how the automatic bracketing mode works. Or at least, on the Canon cameras, that's what it does. Just set that the camera takes a +2, 0 and -2 exposure (I'd suggest using two stops, as you want to make a noticable difference between the shots, otherwise the "extension" of the range will be more or less useless).
However, I'm not entirely sure whether the camera will adjust the shutter speed or aperture, or both. It may well depend on which mode you set the camera to in the first place (Program mode -> change both, Shutter Priority -> change aperture [you set the time, so the camera changes the aperture to match], Apterure Priorty -> Change shutter speed [you set the aperture, the camera adjusts the time to match]).
Alternatively, if you use manual mode (and of course, no automatic bracketing available in manual mode), and set it to the "two stops shorter" time, you should be able to relatively quickly do "two clicks" on the dial that adjusts the time. Then do two clicks more. [of course, two stops is probably more than two clicks, but you get the idea].
--
Mats
Thanks,
Trish
As far as I know, this is exactly how the automatic bracketing mode works. Or at least, on the Canon cameras, that's what it does. Just set that the camera takes a +2, 0 and -2 exposure (I'd suggest using two stops, as you want to make a noticable difference between the shots, otherwise the "extension" of the range will be more or less useless).
However, I'm not entirely sure whether the camera will adjust the shutter speed or aperture, or both. It may well depend on which mode you set the camera to in the first place (Program mode -> change both, Shutter Priority -> change aperture [you set the time, so the camera changes the aperture to match], Apterure Priorty -> Change shutter speed [you set the aperture, the camera adjusts the time to match]).
Alternatively, if you use manual mode (and of course, no automatic bracketing available in manual mode), and set it to the "two stops shorter" time, you should be able to relatively quickly do "two clicks" on the dial that adjusts the time. Then do two clicks more. [of course, two stops is probably more than two clicks, but you get the idea].
--
Mats
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ItIsNotFunny
03-04 05:26 PM
Congrats !!! I think u should party hard for a long time...
Kartik, your handle is your short name?
Kartik, your handle is your short name?
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indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
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desi3933
03-19 11:14 AM
Is it still possible to transfer your H1B to another employer
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
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desi3933
07-05 03:30 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
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niceguy
12-18 06:39 PM
So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
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sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
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glosrfc
01-20 06:28 PM
Strange, I'm not able to replicate the problem. All I can think of is that your mouse has lost focus on the SWF, perhaps due to the over-vigorous motion beforehand? Try clicking on the SWF to regain focus and see if slow moments work for you again.
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WithoutGCAmigo
06-07 05:37 PM
sorry my friends; 'm not understanding;when i viewed immigration voice last time you were all supporting it now you are against it. i'm quite confused:confused: :confused: :confused:
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frostrated
07-02 09:17 AM
I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.
Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.
If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.
I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.
My experience with Taxis at Chennai airport have always been bad. They quote you a rate at the taxi counter and when you go to board the car, they will add on other charges saying that there is a lot of luggage. Anything more than two large suitcases, they charge at least 150 to 200. You have to haggle with them to not pay. Even the people at the counters side with the Taxi drivers.
Of late, I am having a call taxi service come to the airport to pick me up. You can talk to the hotel people to arrange for the taxi. it comes close to the actual fare quoted initially, but you wont have to pay those exhorbitant charges for luggage.
Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.
If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.
I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.
My experience with Taxis at Chennai airport have always been bad. They quote you a rate at the taxi counter and when you go to board the car, they will add on other charges saying that there is a lot of luggage. Anything more than two large suitcases, they charge at least 150 to 200. You have to haggle with them to not pay. Even the people at the counters side with the Taxi drivers.
Of late, I am having a call taxi service come to the airport to pick me up. You can talk to the hotel people to arrange for the taxi. it comes close to the actual fare quoted initially, but you wont have to pay those exhorbitant charges for luggage.
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clockwork
07-18 05:24 PM
I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..
Hey,
you can mail me to this id <received>. I can split up the doc and post it as multiple items. Thanks -
Thanks. I received it. Files are pretty small. I dont know why you were not able to post it. Let me try.
Hey,
you can mail me to this id <received>. I can split up the doc and post it as multiple items. Thanks -
Thanks. I received it. Files are pretty small. I dont know why you were not able to post it. Let me try.
Mahatma
06-04 12:49 PM
Please make the following correction in my earlier post.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
goel_ar
01-10 02:08 PM
As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
Side question, very much related to OP's question.
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
Side question, very much related to OP's question.
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
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