needhelp!
02-13 01:09 PM
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walking_dude
07-26 08:56 AM
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
samcam
05-24 10:04 AM
We currently have 104 guests.. total membership is 3992.. I think today is the day we are going to cross 4000 mark... Guests, if you have not registered, please do so...
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m306m
12-12 01:43 PM
1. To travel out you won't have a problem. Just ensure that the ticketing agent takes the expired I94. Your really don't need the copy of your I485
2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.
Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.
Have a safe trip :)
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.
Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.
Have a safe trip :)
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
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eblues
09-05 06:06 PM
What is the reason your university cited for their position that you might be violating J status?
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
siravi
01-10 10:23 PM
... if I am around at that time. Shall look forward to meeting and catching up!
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indian111
10-13 11:06 AM
30 minutes per day aerobics ?
lol that was a good one :P
lol that was a good one :P
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GCHope2011
09-14 05:57 AM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
I certainly hope that my interpretation is wrong and that you are not in violation.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
I certainly hope that my interpretation is wrong and that you are not in violation.
more...
vactorboy29
05-14 02:36 PM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
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hivicks
04-07 09:48 AM
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
more...
ajmalnasar
12-21 03:59 PM
Last month I flew to New Delhi India through Continental Airlines, I did not had the visa and my Visa had expired. You have a flight to Mumbai also. It is a nonstop flight, 13 hours straight and you are in. No hassles, no need of transit visa and you save six hours that goes in vain while transit.
Mu suggestion, fly Continental from New Jersey.
Thats the best in all respect. Travel time, no transit visa etc.
Thanks
Ajmal
Mu suggestion, fly Continental from New Jersey.
Thats the best in all respect. Travel time, no transit visa etc.
Thanks
Ajmal
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nb_des
09-21 02:39 PM
As I understand even NumbersUSA support removing the per country cap.
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zvezdast
07-10 04:47 PM
There is a story that all flowers received will be forwarded to injured service members at a medical center.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
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gee_see
04-15 10:16 AM
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
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ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
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freeskier89
02-09 03:37 PM
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)
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santosh08872
12-02 10:06 PM
Thanks for sharing the great news, I am going to join on EAD for new job and at least one thing less to think about.
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swarnapuri
05-12 10:41 AM
kosu & vsoni! Congratulations!
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vaishnavilakshmi
06-22 08:50 PM
Hi friends,
thanq so much for the suggestions.Now i have decided not to change my last name until i get my greencard in my hand.Hope everything goes fine .
vaishu
thanq so much for the suggestions.Now i have decided not to change my last name until i get my greencard in my hand.Hope everything goes fine .
vaishu
eb2dec2005
02-24 03:01 PM
I did not see any updates on my I140 but just the update on my already approved H1b case.
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
arihant
06-01 12:47 PM
Those who are eligible to apply in June, did you apply the first day itself, or will do it later?