Mount Soche
03-31 10:06 AM
I think your only option would be to get your AP sent to you in Canada if you will not be able to get your H1 from the Embassy. The visa is what allows you to get in and out of the U.S and they cannot let you back in if you don't have the stamp.
Good luck
I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
Good luck
I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
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ssterian01
07-05 01:33 PM
Thanks a lot, prem_goel.
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
saps
11-06 03:53 PM
How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
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laksmi
01-10 12:03 PM
Based upon the situation AOS you can move to different employer without invoking AC21, if the employer may not revoke I-140, just continue to work with H1B if it is valid and make sure you are employed, if you get RFE from USCIS make sure you have good attorney to prove that you have moved to new company and there by invoking AC21, you may not get RFE this could be worst case situation.
more...
snakesrocks
03-14 11:31 AM
Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.
Hey Ram GC
05-05 04:18 PM
Are BHAI, kaise karu
I tried but could not,
I tried but could not,
more...
amits
12-19 11:16 AM
Friends, thanks a lot for all the information!
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mwin
12-17 01:05 PM
I am pretty sure $10,000 is limit while coming into USA. While going to India, the limit is much less, about Rs.12,000 or so (check with some Indian websites). I know, you need declare (for Tax purposes) if you carry more than this amount. I don’t know tax liability of this declarion. Also, the amount varies on the purpose and duration of abroad trip.
more...
Pagal
02-02 02:33 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
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tonyHK12
11-08 09:24 AM
CIR was a thorn to many -- mostly because of the amnesty... or whatever for the ILLEGALS...
Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).
This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.
Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).
This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.
more...
injrav
07-27 02:53 PM
1. university of illionis springfield
Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)
I think TOEFL is mandatory but not sure about GRE
2. bridge water state college MASACHUESETTES
School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)
mean while let me explore the colleges which you shared with me
Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)
I think TOEFL is mandatory but not sure about GRE
2. bridge water state college MASACHUESETTES
School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)
mean while let me explore the colleges which you shared with me
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Lisap
08-03 12:07 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
more...
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painful_GC
05-24 11:47 AM
Hi..Many thanks for the reply..I recieved my H1 B approval but as i want to take a break i would like to proceed with my L2...So one more query..I would like to proceed with Online filing..once done online..how to send the Paper by Post ?? will they notify after i e-file ??
Sorry for the trouble
Sorry for the trouble
tattoo Geisha
rheoretro
09-24 09:33 PM
Dear Core Team and other Members,
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !...
You may have googled Rajiv Chandrasekaran, but did you find any articles that he has written on immigration? If so, please share with us...were you aware that there is another journalist from the Washington Post who has done a stellar job of covering legal immigration? Her name is S. Mitra Kalita...please google her too.
BTW, why just google journalists who are of Indian heritage? I hope this is not an Indo-centric organization...also Rajiv Chandrasekaran is not originally from India, his parents are. I hope that distinction is not lost!
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !...
You may have googled Rajiv Chandrasekaran, but did you find any articles that he has written on immigration? If so, please share with us...were you aware that there is another journalist from the Washington Post who has done a stellar job of covering legal immigration? Her name is S. Mitra Kalita...please google her too.
BTW, why just google journalists who are of Indian heritage? I hope this is not an Indo-centric organization...also Rajiv Chandrasekaran is not originally from India, his parents are. I hope that distinction is not lost!
more...
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casinoroyale
10-02 10:09 AM
Otherthan waiting whatever time they take to verify education details, may be you should try to transfer the case to consulate in India (or) withdraw the application from Vancouver and apply fresh in India. This is a standard and well known "watch out" issue when any foregin national applies for visa in a country other than their home country. Although not everyone faced this problem.
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WeShallOvercome
11-01 02:16 PM
Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .
1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?
2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.
Need ur views.
I think you should file where your I-485 is pending.
I filed my paper-based EAD application last friday and already got receipt number from the cashed check.
The address I used is:
USCIS
Nebraska service center
PO Box: 87765
Lincoln, NE
68501-7765
If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.
1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?
2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.
Need ur views.
I think you should file where your I-485 is pending.
I filed my paper-based EAD application last friday and already got receipt number from the cashed check.
The address I used is:
USCIS
Nebraska service center
PO Box: 87765
Lincoln, NE
68501-7765
If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.
more...
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Dhundhun
05-21 08:03 PM
When LUD?
What is soft LUD? what is Hard LUD?
LUD = Last update date by USCIS
Soft LUD = status did not change due to update
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....E-mail
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
What is soft LUD? what is Hard LUD?
LUD = Last update date by USCIS
Soft LUD = status did not change due to update
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
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rajenk
02-11 07:18 PM
Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!
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wenxue
10-08 10:38 AM
Totally agree.
Another night my wife was worried. I told her that I am still young :). When the worst happens, I can still work in a Chinese restaurant, and put the food on the table for the kids.
Another night my wife was worried. I told her that I am still young :). When the worst happens, I can still work in a Chinese restaurant, and put the food on the table for the kids.
USDream2Dust
10-15 12:26 PM
Hi,
I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.
I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.
My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.
This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?
Thanks for you help,
USDREAM2DUST
I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.
I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.
My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.
This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?
Thanks for you help,
USDREAM2DUST
Blog Feeds
10-30 12:30 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiUoznO7G-PPk4xm-0KJTwG1ofUm_yQKXpqK3sXuf8utF5a3MNnXDYr4NM5X0CBIj5qa1Gsds2ArjAxs33mvurNSG-NUSnVZmdERd9wHi__bqXqw0Ftu8-4zwZLe5E8-jCoSDDXGjGG-Jz-/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiUoznO7G-PPk4xm-0KJTwG1ofUm_yQKXpqK3sXuf8utF5a3MNnXDYr4NM5X0CBIj5qa1Gsds2ArjAxs33mvurNSG-NUSnVZmdERd9wHi__bqXqw0Ftu8-4zwZLe5E8-jCoSDDXGjGG-Jz-/s1600-h/uscisLogo.gif)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
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