
bugsbunny
04-21 01:06 PM
A Quick Question.
Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?
if its a 10 year visa...i doubt there should be a concern about visa renewal.
Hopefully in 10 years you have GC and USC :)
But to answer your question...as long as you are not overstaying the 6 months there should be no legal issues. Ofcourse there is no such guarantee as it is upto the visa issuing officer's discretion
Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?
if its a 10 year visa...i doubt there should be a concern about visa renewal.
Hopefully in 10 years you have GC and USC :)
But to answer your question...as long as you are not overstaying the 6 months there should be no legal issues. Ofcourse there is no such guarantee as it is upto the visa issuing officer's discretion
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EB-VoiceImmigration
07-29 06:16 PM
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Good one..
Good one..

pappu
04-02 12:54 PM
So here come the thing. Thats why i asked in my original post is IV just for people who have applied for Green card ? I wanted to know if they could address these issues as well . Regarding inability to work and self esteem , just stay in home for few days and then feel how much you loose. Man , its 21st century and ability to work is basic right.
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
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vivache
09-25 07:51 PM
I agree .. again :) .. that companies may not be too excited about the employees taking off for a few hours.
Can't we have something potent:
Say we have a page on IV that lists all the members with names, GC applied on, wait time to date, company working for. Accompanied by any info that makes this look authentic like SRC number .. or something (need not be displayed, but can be in database).
We could then get some graphs and statistics based on these figures and pass it on to lawmakers, other people who need to be influenced.
This way we have all teh facts .. rather than arbitrary data like:
"Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home."
Can't we have something potent:
Say we have a page on IV that lists all the members with names, GC applied on, wait time to date, company working for. Accompanied by any info that makes this look authentic like SRC number .. or something (need not be displayed, but can be in database).
We could then get some graphs and statistics based on these figures and pass it on to lawmakers, other people who need to be influenced.
This way we have all teh facts .. rather than arbitrary data like:
"Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home."
more...

saimrathi
07-10 09:16 AM
Yes, flight to DC would have been then recovered from USCIS in the lawsuit against them.. :)
We have a few people making their way to USCIS - so we should know in sometime.
Actually when I say a few, there are probably only 3 or 4. Even after working the phones, emails and private messages, we could not get too many DC area members to help out.
If I have one regret for this campaign it is that I should have booked my flight tickets to DC - it would have been just so exciting to have such a good opportunity to voice our issues and concerns.
We have a few people making their way to USCIS - so we should know in sometime.
Actually when I say a few, there are probably only 3 or 4. Even after working the phones, emails and private messages, we could not get too many DC area members to help out.
If I have one regret for this campaign it is that I should have booked my flight tickets to DC - it would have been just so exciting to have such a good opportunity to voice our issues and concerns.

hetuweb
10-23 09:38 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
congratulation on ur grand success of getting green card.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
congratulation on ur grand success of getting green card.
more...

chanduv23
02-23 01:20 PM
Scenario1:
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Based on how HR departments handle i9 forms, in most companies, they may not know when your h1b or EAD is expiring - some HRs may have calender triggers and request for updated EADs or h1b extensions. Usually you need to show the EAD or H1b extension with updated i 94 and they take a copy and place it in your file so that if there is an audit, they will produce the documents.
So it is your duty to inform your HR department that you wish to work using EAD after 6th year so that they update the i 9 form
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21. You can even get a h1b transfer as your 140 is pending or approved.
EAD is not a status and one does not fall int EAD status - if you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work.
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Based on how HR departments handle i9 forms, in most companies, they may not know when your h1b or EAD is expiring - some HRs may have calender triggers and request for updated EADs or h1b extensions. Usually you need to show the EAD or H1b extension with updated i 94 and they take a copy and place it in your file so that if there is an audit, they will produce the documents.
So it is your duty to inform your HR department that you wish to work using EAD after 6th year so that they update the i 9 form
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21. You can even get a h1b transfer as your 140 is pending or approved.
EAD is not a status and one does not fall int EAD status - if you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work.
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mikesin
04-07 06:58 PM
Thanks illusions. I hope that there will be some movement but then again we are talking about USCIS here!! :confused:
more...

suggestor101
03-21 10:45 PM
Dear friends,
As many of you are well aware, it has been about 50 days since IV was started. Since then, we have come a long way in setting up a platform to voice our concerns. We also established an able alliance with QGA to have a powerful channel for our voices to be heard on the hill.
It is now game time!!
Two very significant legislative vehicles, namely the PACE bill and Comprehensive immigration bill are right on the corner. PACE is scheduled for discussion end of Feb, and the comprehensive Immigration bill beginning of March. In this dynamic legislative climate, it if very difficult to predict which of these potential vehicles could bear fruit, or even predict the timeframes accurately. IV�s strategy is to pursue both the bills and push for our goals to be on them.
We are in immediate need of funds for that very purpose. We are seriously low on gas right now, for the journey ahead that we are only just starting on. We have only raised $30,000 in the last 50 days; even more alarming, fund raising has gone down drastically in the last 2 weeks. At our current burn rate, we will be out of money in a month or so, just when we expect the bills to come up for discussion on the Senate floors. As you can expect and appreciate, there is a cost for achieving anything politically. IV has already demonstrated a great deal of leadership and persistence to work on retrogression relief and labor backlog elimination. Many IV members will start making trips to DC in the coming weeks to meet lawmakers at the hill. We need your help NOW!
Members that have not yet contribute money, please do so TODAY! And members that have already contributed please consider another contribution. We need all hands on deck. Also pass on the message of the immediate need of funds to your friends.
If you have questions, as always, please send a note to info@immigrationvoice.org
Please run adwords on this site...see adwords.google.com....will be a source of + revenue
As many of you are well aware, it has been about 50 days since IV was started. Since then, we have come a long way in setting up a platform to voice our concerns. We also established an able alliance with QGA to have a powerful channel for our voices to be heard on the hill.
It is now game time!!
Two very significant legislative vehicles, namely the PACE bill and Comprehensive immigration bill are right on the corner. PACE is scheduled for discussion end of Feb, and the comprehensive Immigration bill beginning of March. In this dynamic legislative climate, it if very difficult to predict which of these potential vehicles could bear fruit, or even predict the timeframes accurately. IV�s strategy is to pursue both the bills and push for our goals to be on them.
We are in immediate need of funds for that very purpose. We are seriously low on gas right now, for the journey ahead that we are only just starting on. We have only raised $30,000 in the last 50 days; even more alarming, fund raising has gone down drastically in the last 2 weeks. At our current burn rate, we will be out of money in a month or so, just when we expect the bills to come up for discussion on the Senate floors. As you can expect and appreciate, there is a cost for achieving anything politically. IV has already demonstrated a great deal of leadership and persistence to work on retrogression relief and labor backlog elimination. Many IV members will start making trips to DC in the coming weeks to meet lawmakers at the hill. We need your help NOW!
Members that have not yet contribute money, please do so TODAY! And members that have already contributed please consider another contribution. We need all hands on deck. Also pass on the message of the immediate need of funds to your friends.
If you have questions, as always, please send a note to info@immigrationvoice.org
Please run adwords on this site...see adwords.google.com....will be a source of + revenue
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deba
06-26 07:11 PM
AP approved in 14 days from TSC.
6/4 - mailed
6/6 - received by TSC
6/9 - checks cashed
6/13 - receipt in mail
6/23 - email and case status online notice of approval
6/25 - AP received in mail (2 copies, multiple entry, valid from the date expiry of current AP plus 1 yr)
6/4 - mailed
6/6 - received by TSC
6/9 - checks cashed
6/13 - receipt in mail
6/23 - email and case status online notice of approval
6/25 - AP received in mail (2 copies, multiple entry, valid from the date expiry of current AP plus 1 yr)
more...

ocpmachine
01-13 01:24 PM
Atleast something moved this VB, this proves that USCIS is wokenup from sleep and resumed working.
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Canadian_Dream
04-21 01:53 PM
That's not correct. Such frequent reentry after exit will certainly lead to suspicion by an Immigration office at PoE. In fact the intent of 10 year visitor visa is not 10 years of permanent residence. If there is no convincing reason for such frequent reentry you are mostly likely looking at serious interrogation or deportation at the airport. There is no substitute for a GC for your parents if you want them to be with you permanently in the US. Visitor visa has a specific purpose and intent, abusing it could put your folks serious trouble. The other issue with such long term stay on Visitor Visa is - medical insurance - unfortunately there is no good, reliable and comprehensive medical insurance that covers elderly visitors on short trip.
Thanks ! Thats what I thought , but wanted to confirm with senior members.
Thanks ! Thats what I thought , but wanted to confirm with senior members.
more...
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sargon
08-28 10:49 PM
Can somebody answer this question of mine please.
Hi,
I filed my I485 in Texas service center because at the time of filing it I was living in a state which was in TSC's jurisdiction. The application is still pending in TSC.
I have not filed any AP so far. I am filing it first time now.
Now I have moved to a state which is in Nebraska Service Center's jurisdiction. So should I file my AP in NSC or in TSC?
Hi,
I filed my I485 in Texas service center because at the time of filing it I was living in a state which was in TSC's jurisdiction. The application is still pending in TSC.
I have not filed any AP so far. I am filing it first time now.
Now I have moved to a state which is in Nebraska Service Center's jurisdiction. So should I file my AP in NSC or in TSC?
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glimmerOfHope
08-11 04:34 AM
the actual March '09 bulletin is 4428.
Visa Bulletin March 2009 (http://www.travel.state.gov/visa/bulletin/bulletin_4428.html)
they also link to official site (which doesn't exist yet) :http://travel.state.gov/visa/frvi/bulletin/bulletin_4427.html
Not only they got info but non-existent links too?
Pederson Immigration Law Group, P.C. - Visa Bulletin (http://www.usvisainfo.com/content/view/37/44/)
:confused:
Per google 4427 is march 09 bulletin ? search (http://www.google.com/#hl=en&source=hp&q=bulletin_4427.html&aq=f&aqi=&aql=&oq=&gs_rfai=CcSAss09iTKqPGIGgjgO3jYmQCQAAAKoEBU_Qocve&pbx=1&fp=c370202d9debab36)
But again this date is in sync with the date someone reported from some other site, so guess that's it. :-(
Visa Bulletin March 2009 (http://www.travel.state.gov/visa/bulletin/bulletin_4428.html)
they also link to official site (which doesn't exist yet) :http://travel.state.gov/visa/frvi/bulletin/bulletin_4427.html
Not only they got info but non-existent links too?
Pederson Immigration Law Group, P.C. - Visa Bulletin (http://www.usvisainfo.com/content/view/37/44/)
:confused:
Per google 4427 is march 09 bulletin ? search (http://www.google.com/#hl=en&source=hp&q=bulletin_4427.html&aq=f&aqi=&aql=&oq=&gs_rfai=CcSAss09iTKqPGIGgjgO3jYmQCQAAAKoEBU_Qocve&pbx=1&fp=c370202d9debab36)
But again this date is in sync with the date someone reported from some other site, so guess that's it. :-(
more...
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indigokiwi
03-10 03:37 PM
Many members and guests are currently viewing this thread. If you have not done so already, please register to attend the advocacy days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a-9.html#post2414471) and / or contribute financially (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html). Thanks.
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aadimanav
08-21 11:47 PM
Any idea how many years will it take for APril 04 priority case (EB3/India) to get the 485 approval? Since I filed more than 3 years ago, I am telling my family and friends in India it will take 3 MORE years....
more...
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vinodp1978
06-28 01:47 PM
Thanks .wellwishergc
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makemygc
08-27 12:26 PM
A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
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malibuguy007
04-01 07:38 PM
Zen, the point is very simple. If you believe in this organization and what it does then you will donate knowing that IV needs the money to lobby for you, me and everyone else who is part of the community.
Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.
Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.
However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us.
Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.
Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.
However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us.
dhirajs98
06-28 04:30 PM
As per online status "Your response received on June 15th and processing resumed". If it's pending for couple more days, As per the rule i should get my $1000 back. Will my I-140 then thrown back in the normal (non-PP) queue?
How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.
How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.
a.j.2048
10-02 08:01 PM
His child is born in USA and thus his child is US Citizen and so he can only apply for US passport. He can not apply for Indian passport for his child.
Incorrect.
You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.
Incorrect.
You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.
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