Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
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Ann Ruben
07-12 02:24 PM
You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
desi3933
08-18 09:12 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
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anzerraja
07-20 03:17 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
more...
Ann Ruben
04-22 10:55 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
narendra_modi
03-04 03:45 PM
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
more...
deardar
07-18 09:35 AM
I pray that all the folks of the CORE team would get their I-485 approved and their GC in hand before I get mine.
2010 Hammett#39;s Blog: valentines day
ragz4u
03-06 12:46 PM
i contacted Senator dewine, urging him to back the PACE act
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.
As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.
Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.
You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.
As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.
Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.
You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you
more...
amitga
02-21 01:01 PM
Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
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honeyB
01-23 02:23 PM
Hi,
How can we findout whether we got soft luds or not?
How can we findout whether we got soft luds or not?
more...
zoooom
07-17 06:06 PM
Guys keep contributing...
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lostinbeta
10-05 01:12 PM
Hey Ilyas. Thanks for the compliment:)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
more...
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Ramba
08-20 06:52 PM
As she yet to file 485, it is important for her to keep the valid non-immigrant status till she files AOS. Yes, she can go for F1, if you plan to use EAD and abandon your non-immigrant status. Unless your H1 transfer is approved, her H4 will not get extended. Therfore don't worry about the extension. File F1 ASAP,
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prasad_2007
06-01 09:07 AM
Liaison International
(Comprehensive Coverage Plan)
All insurance or in same boat.
(Comprehensive Coverage Plan)
All insurance or in same boat.
more...
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narendra_modi
03-04 10:07 PM
i smoke GANZA..pl. mind your business..
Bidi, I guess.
Bidi, I guess.
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jonty_11
07-17 01:40 PM
howlong did the case run for years or months..? taht will decide if lawsuite only works
more...
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adhantari
08-13 03:29 PM
update?
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zerosine
06-25 01:33 AM
Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
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chanduv23
10-13 01:33 PM
It was nice to meet all the folks out in NYC yesterday. Bigining with 20 is not a bad sign on a firday night. Thanks Chandu!
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
sbnvs@yahoo.com
12-21 09:56 PM
Its mystery. My friend visited one Canadian consulate for VISA interview. He sent his I-171 and DS160 to them in email to get PIMS done before his interview date and they said that they received the documents and noted info & can come for interview. He though PIMS check is done and he can go peacefully for interview.
But today they gave some document saying they need to verify PIMS, so the conclusion is always better to go home country sothat we can have nice time with relatives atleast.
But today they gave some document saying they need to verify PIMS, so the conclusion is always better to go home country sothat we can have nice time with relatives atleast.
gbof
06-14 11:50 PM
Kumarr,
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
Same here. My daughter turned 15 and got 2nd FP notice but NO fees as you mentioned but her was transferred to another center few months ago.
I really don't understand the logic of fees. PLease correct me if I am wrong here -I thought there is a 'lock-in-date' which is at the elegibility data at the time of filing. This saves all concerns of aging out and issues regarding fees. They can't keep asking for enhanced fees for already filed cases.
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
Same here. My daughter turned 15 and got 2nd FP notice but NO fees as you mentioned but her was transferred to another center few months ago.
I really don't understand the logic of fees. PLease correct me if I am wrong here -I thought there is a 'lock-in-date' which is at the elegibility data at the time of filing. This saves all concerns of aging out and issues regarding fees. They can't keep asking for enhanced fees for already filed cases.
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