Thursday, June 9, 2011

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  • vparam
    11-01 09:34 AM
    One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
    The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
    FOR CERTAIN NONIMMIGRANTS

    and this extension is valid till on or before April 25, 2003

    for the following

    And you were last admitted to the United States as a nonimmigrant on or before
    September 30, 2002; and
    � If you are a male, born on or before February 24, 1987; and
    � If you did not have an application for asylum pending on January 16, 2003, or if you are
    not otherwise exempt as described in the attached questions and answers; and
    � If you will remain in the United States at least until April 25, 2003.


    So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....





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  • MrDesi
    02-07 09:47 AM
    Hi Friends

    May be it is repeated and simple question, but some how critical to me.

    Experts, Please help me in addressing this,

    BackGround:

    A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.

    B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.

    C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.

    Questions:

    1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
    Please share your experiences if any and possible questions during interview.


    2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?

    3) Do volunterily mention about the 485 pending or officer might ask ?

    Thanks a Lot.





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  • syedajmal
    09-22 12:50 PM
    Hi Sydeajmal,

    How long did it take for your EAD to get approved once you have submitted your RFE

    Regards
    Vijay


    I got my AP approved on 09/13 and got the documents on 09/20





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  • shukla77
    01-02 11:45 AM
    Does anyone know why NSC is slow in the I140 processing that TSC? My I140 date is October 25'06 and I think I would have to get that converted into Premimum Processing if I dont get approval in next 2 months. I aksed my attorney but she has no clue about the realistic processing times.

    Good Luck to all.

    Shukla



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  • raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.





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  • raminmd
    09-15 01:11 PM
    I would like to think that there are lots of members who are interested in participating in campaigns like this. I participate in most of IV campaigns and have sent flowers and called all reps for 5882. This is a campaign that I would be interested in participating in. If you are going to chat about this on IV chat (which many members cannot access because of restrictions), then please post the transcript and summary here so that we can at least understand the viewpoints of the participants and the action plan.



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  • 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?





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  • YesWeWillGet
    09-23 08:13 PM
    First of all thanks for your valuable feedback.

    FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).

    So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?

    Thanks,



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  • bitzbytz
    07-13 02:17 PM
    wooah...i got the problem solved.
    The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.

    NY ways, i consulted a attorney and he suggested few things....





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  • ramaonline
    02-28 07:17 PM
    You can find some good info on the msn R2I message boards
    http://groups.msn.com/R2IClub/general.msnw



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  • EndlessWait
    08-24 02:58 PM
    they never clean backlogs. they just move from one queue to other.
    cmon dont u know it by now!





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  • dpp
    02-12 12:35 PM
    It is only either Nebraska or Texas now. No other centers process I-140. For Texas center, it is appx 1 to 3 months. But for Nebraska, it is anytime from 6 - 9 months.



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  • quick
    March 16th, 2005, 05:05 PM
    I have decided to go for the SB-600 rather than the 800 because I don't think I need the extra functions at this point. It will save on $$$ and weight too.
    Thanks,
    Shawn

    Good choice.

    You also have faster recharge since the flash is slightly less powerful but perfectly adequate... I was going to get an SB-800 but ended up with two SB-600s for now for the same price.

    I will likely get one SB-800 (and maybe another SB-600) when I get my D2x so that I have commander mode available.


    the two SB-600s I have have been great for the month I've had them - if your only body is a D70 you're golden - you can use the sb-5B-600 on remote and use the built in D70 flash as commander.

    -dq





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  • linuxra
    09-28 08:20 PM
    waiting for reply from any of u guys...pls...



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  • beppenyc
    04-27 02:45 PM
    I was watching an interview with John McCain on larry king live 2 or 3 days ago. Mccain said that an immigration bill would be introduced in the senate in a week or two which would focus on border security first, i am not sure what that means, focusiing on border security first, good or bad for us? would that mean our provisions will be moved to a later stage where border security is ratified first before anything can happen etc etc which is what anti-immigrants want.
    No, it means that the bill will have some trigger or benchmark before any legalization for the undocumented workers.





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  • rockstart
    06-15 03:42 PM
    In your case you need to get a rectified copy of the BC from the same municipal corporation that issued you the original certificate. That way all your documents bear a consistent name and other information.



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  • newyorker123
    09-28 10:06 AM
    I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

    It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.



    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???





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  • bsbawa10
    09-07 06:32 PM
    And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
    I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.





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  • ajay
    04-11 03:17 PM
    Check this link:
    http://www.germany.info/relaunch/info/consular_services/visa/transit.html





    p_kumar
    08-28 04:02 PM
    you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:





    boreal
    06-07 12:43 PM
    Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.

    I dont like to give them publicity either but i think they cant be brushed off...many many activits there that participate in action items...for eg. look at the number of emails sent to the poor editor that bashed the founder...pretty enthusiastic outburst i would say! 'useless' term can be applied to their activity though..bunch of xenophobic losers targeting poor illegal and not-so-poor legal would-be immigrants and trying to spread false stories...Imagine, once they get wind of this bill, all they would focus is on the word 'exemption' and someone would come up with a cooked number, say a million or so green-cards increase per year and you know where this bill will end up after that.....all too familiar...



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