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05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
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ajju
07-25 04:51 PM
Agree with Jonty on checking at http://infopass.uscis.gov...
I needed to confirm my address change.. called uscis and I was told they can't see any personal info... basically read me my status on website and a long boring standard message.. saying you are within the normal processing dates and blah blah... Bottom line I was suggested to take infopass.. so I took.. Its my first infopass appt ever and it was very easy... shown me 2 dates avaialable for Aug (nothing in July).. So I pick one and then was asked to pick a time...
I selected as a follow up on pending case...
Hopefully they'll process my AOS before that :-)
EB2-I June 2004... PD current, RD current per both NSC/TSC...
Case filed at NSC and transferred to TSC (July 23, 2008)
Keeping my fingers crossed per 50-50 probability theory :-)
I needed to confirm my address change.. called uscis and I was told they can't see any personal info... basically read me my status on website and a long boring standard message.. saying you are within the normal processing dates and blah blah... Bottom line I was suggested to take infopass.. so I took.. Its my first infopass appt ever and it was very easy... shown me 2 dates avaialable for Aug (nothing in July).. So I pick one and then was asked to pick a time...
I selected as a follow up on pending case...
Hopefully they'll process my AOS before that :-)
EB2-I June 2004... PD current, RD current per both NSC/TSC...
Case filed at NSC and transferred to TSC (July 23, 2008)
Keeping my fingers crossed per 50-50 probability theory :-)
summerpolice
03-18 10:55 AM
I think my employer is not willing to sponsor the process due to some reasons.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
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ItIsNotFunny
04-19 10:34 AM
I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.
On contrary most of India - China are before Aug 2003 as of results of poll now!
On contrary most of India - China are before Aug 2003 as of results of poll now!
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ssdtm
11-20 11:00 AM
- If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
testsite
11-03 10:26 AM
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?
more...
Election2008
01-09 05:48 PM
I am a freelancer and I plan to write an article for a California based Asian Newsletter about the political views of the Immigrant community.
Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.
I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.
But, if you had an opportunity, who would you choose and why?
Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.
I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.
But, if you had an opportunity, who would you choose and why?
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Vexir
05-05 02:38 AM
Aww butters you non-original choob, (dont ask me what that is, long story, just dont use it) you totally just used a tutorial from good-tutorials!! im dissapointed in you... :( (referring to the green one)
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flash.stoffer
08-07 11:33 AM
Thanks.. icleric ;)
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vdesai_8
10-15 11:26 AM
Why is Tata giving such huge donations to schools in US that are already established?
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
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SH2009
06-10 09:04 PM
Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
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mk26
03-23 02:24 PM
I guess within 24hrs transit should be ok , problem may occur which is very unlikely when flight gets delayed during transint and you have to wait for more than 24 hrs in UK than you might have to take UK DATV or visitor visa.
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ssdtm
03-14 04:34 PM
Big cos generally file a new Labor and are hesitant to hire if someone is beyonnd 6 yrs period. Even if you convince them that your old PD can be transferred, they are not convinced....(or do not know much about the process).
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Suva
07-18 04:15 PM
Close this thread immediately.
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sushilup
02-08 09:01 AM
Thank you for sharing your case.
It might help lot of people to plan accordingly and not get stuck ...
VISA things are getting ridicules
My wife's passport was received from Delhi Consulate after about 21 business days.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
It might help lot of people to plan accordingly and not get stuck ...
VISA things are getting ridicules
My wife's passport was received from Delhi Consulate after about 21 business days.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
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Sachin_Stock
12-17 04:14 AM
I too, am in process of changing my address, however in this transition period I have put a hold in USPS mail. This way, I got all my travel docs from local post office safely. A colleague of mine had same exact situation like you, and he had to re-file it again.
Once the travel docs are lost, USCIS will not re-send them to you. They shall ask you to refile it completely.
Once the travel docs are lost, USCIS will not re-send them to you. They shall ask you to refile it completely.
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GCBy3000
11-13 02:57 PM
Thanks for your contribution. But why are you posting this message here? There is no waldenpond in this thread and it is not related to contribution.
WaldenPond,
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
WaldenPond,
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
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plassey
07-20 11:01 PM
Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
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tmayer01
05-09 06:14 AM
i'm finishing work on friday and i still havn't got a new job. I'm a really shy person and i hate the thought
Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D
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Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D
study in australia (http://www.globalvisas.com/countries/australia_visas.html)
GCBy3000
07-27 10:50 AM
People who are in US just for conversion rate can now think of this move. I USD = 39.4 INR, 1 Canadian $ = 37.xx. Not a big difference.
austingc
04-30 03:05 PM
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
thank you wandmaker.
thank you wandmaker.
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