aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
Queen Josephine
October 25th, 2004, 01:44 PM
This one was really difficult for me to evaluate because of all the openess, but I felt myself gravitating more towards the forms in number 3. Since it was the form that attracted me, I downloaded and cropped to make the fence the focus (since that's what grabbed my attention initially). I think I like the crop sans sky where only the wheatfield ( or is it oats?) and fence posts show the most. I know it has less complexity than the entire photo; maybe I'm just into simplistic and minimalist this week :)
ash0210
09-09 09:02 AM
Thanks Dixie...Also, as per other forum members showing PD Year will give clear picture of voting..!!
You will have to login to be able to vote.
You will have to login to be able to vote.
more...
sureshd
07-01 05:34 PM
Hi All,
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
yabadaba
02-28 01:48 PM
nozerd,
The IB system is offered by many charter schools. These schools are public schools but have been set up through a charter agreed to by the parents. They are public schools managed by parents. You do not have to pay anything for your child to attend one of these (At least in the great state of GA, u dont).
The IB website indicated schools like Jamnabai Narsee in Bombay also offer the IB program.
The IB system is offered by many charter schools. These schools are public schools but have been set up through a charter agreed to by the parents. They are public schools managed by parents. You do not have to pay anything for your child to attend one of these (At least in the great state of GA, u dont).
The IB website indicated schools like Jamnabai Narsee in Bombay also offer the IB program.
more...
hellomms
05-27 03:29 PM
Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
Dhundhun
04-29 06:19 PM
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
more...
paskal
12-19 03:38 AM
absolutely
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
royus77
07-17 08:34 PM
Originally Posted by smartboy75
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
Space( memeory) is the cheapest commodity in the computing world .Grow up
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
Space( memeory) is the cheapest commodity in the computing world .Grow up
more...
alterego
09-25 06:55 PM
This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
ivar
04-29 04:35 PM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
Crazyghoda,
I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.
Thank you.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
Crazyghoda,
I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.
Thank you.
more...
MerciesOfInjustices
03-08 09:35 PM
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
There is no posted transcript yet on the Website - how did it go?
There is no posted transcript yet on the Website - how did it go?
Sreenuuk
08-07 09:29 AM
are you dumb or something????
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
more...
swamy
12-30 01:20 AM
about time ppl came forward to share the burden & not let just the core/a few others carry the load alone - i was thinking we should be able to raise a million every month with wider participation (20000+) at lower $ levels like 50/100 so its sustainable. but lets see how far this goes - cant affrd 2k rightaway tho
ameryki
01-08 10:14 PM
People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?
more...
jigsaw
02-23 04:49 PM
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Thanks number30
Any idea how much time do they generally take to decide on N652.
Thanks again
Thanks number30
Any idea how much time do they generally take to decide on N652.
Thanks again
thomachan72
03-28 03:17 PM
I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.
mpsamant
07-19 10:58 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
msandhu
08-07 04:33 PM
You can do landing and H1-Stamping at the same time in canada. You do not need stamped visa to come back to US from Canada as long as you have your H1 extension papers with you and you come back in 30 days
krishnam70
08-02 07:26 AM
Tell me what I am doing wrong here:
1) https://egov.uscis.gov/cris/jsps/login.jsp
Clicked the link - Forgot Your User ID or Password ?
2) https://egov.uscis.gov/cris/lostCredentials.do?lostCredentials=true
Entered my userid and email address and Clicked Submit.
3) https://egov.uscis.gov/cris/authenticateUser.do
Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
I do not remember this.
If you do not remember the secret question or answer then you have no choice, its probably much easier to use a new id + new email address. Next time, shoot yourself an email with the userid/password/secret question + answer for your record just in case you forget.
-cheers
1) https://egov.uscis.gov/cris/jsps/login.jsp
Clicked the link - Forgot Your User ID or Password ?
2) https://egov.uscis.gov/cris/lostCredentials.do?lostCredentials=true
Entered my userid and email address and Clicked Submit.
3) https://egov.uscis.gov/cris/authenticateUser.do
Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
I do not remember this.
If you do not remember the secret question or answer then you have no choice, its probably much easier to use a new id + new email address. Next time, shoot yourself an email with the userid/password/secret question + answer for your record just in case you forget.
-cheers
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