frostrated
09-14 04:23 PM
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
If you have no option for getting a visa, then I would not travel without the travel doc.
Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
If you have no option for getting a visa, then I would not travel without the travel doc.
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GCwaitforever
06-19 05:37 PM
What?!
Translation: What is happening to young people nowadays?
Translation: What is happening to young people nowadays?
jsb
05-07 02:26 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
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snathan
04-26 05:43 PM
Thanks UKannan,
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
Two bags, each can be max. 20 kg.
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
Two bags, each can be max. 20 kg.
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vactorboy29
03-12 11:41 PM
Congratulations!
hyderabad123
01-04 01:51 PM
Hi Chris,
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
more...
raj2007
02-19 11:00 AM
Consult a good lawyer.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
His status is fine as he filed AOS. Only issue with travelling abroad.
There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
His status is fine as he filed AOS. Only issue with travelling abroad.
There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.
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dionysus
01-24 11:24 AM
My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
Moreover, there is this case of spouses becoming eligible for jobs after I-485 and EAD filing. No politician is going to stick his/her neck out on this. Remember, politicians are driven just by people�s mood, and average American simply despises any additions to his or her dreamland.
In the light of this revelation by me (hint - just kidding), IV must set realistic goals for itself. One of which is greater flexibility of movement between jobs for a GC seeker. In short, the GC stages that have been completed by a GC seeker should remain completed even if the GC aspirant moves between the similar profile jobs. So for example, if an applicant whose labor has been cleared leaves the job after this stage, at his/her new job he should be able to file I-140 at his/her new job without having to file a labor all over again. All that the applicant should be asked are the papers confirming the old labor approval and a supporting letter from the new employer that the new job matches the old job description.
Similarly, applicants with approved I-140 should be allowed to switch job while still retaining the validity of old I-140. At the new job they should not be required to go thru the first stages again. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval.
This is the goal that will sit easy with the politician, because it does not add any new job seekers in the employment market. Also, it has the ring of more freedom for the workers, some of them are actually stuck in a quasi-slavery like situation in their companies in the hope of a GC. Words like these are going to have more impact on politicians rather than a clamoring for employment authorization documents.
Moreover, there is this case of spouses becoming eligible for jobs after I-485 and EAD filing. No politician is going to stick his/her neck out on this. Remember, politicians are driven just by people�s mood, and average American simply despises any additions to his or her dreamland.
In the light of this revelation by me (hint - just kidding), IV must set realistic goals for itself. One of which is greater flexibility of movement between jobs for a GC seeker. In short, the GC stages that have been completed by a GC seeker should remain completed even if the GC aspirant moves between the similar profile jobs. So for example, if an applicant whose labor has been cleared leaves the job after this stage, at his/her new job he should be able to file I-140 at his/her new job without having to file a labor all over again. All that the applicant should be asked are the papers confirming the old labor approval and a supporting letter from the new employer that the new job matches the old job description.
Similarly, applicants with approved I-140 should be allowed to switch job while still retaining the validity of old I-140. At the new job they should not be required to go thru the first stages again. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval.
This is the goal that will sit easy with the politician, because it does not add any new job seekers in the employment market. Also, it has the ring of more freedom for the workers, some of them are actually stuck in a quasi-slavery like situation in their companies in the hope of a GC. Words like these are going to have more impact on politicians rather than a clamoring for employment authorization documents.
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snathan
03-27 12:49 AM
Hello,
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
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satyasaich
09-05 11:48 AM
For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
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andhrawala
11-18 01:49 PM
Hi GCInLimbo,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
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gparr
November 15th, 2007, 07:15 AM
I reformat my cards every time I put them back in the camera, which is after every time I dump files into my computer. In other words, some of my older cards have probably been reformatted 1,000 times or more. I have never had a problem. Brands are Ridata and Sandisk (various models).
I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.
Gary
I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.
Gary
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chanduv23
09-14 04:55 PM
Follow Your Heart
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ramus
05-31 04:12 PM
Great..
Just post in drive fund thread when you done..
Thanks,
Contributed $350 so far. Will contribute another $100 today.
Just post in drive fund thread when you done..
Thanks,
Contributed $350 so far. Will contribute another $100 today.
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cal_dood
01-01 02:29 PM
Just came back from one myself, with stops in Belize, Mexico & Grand Cayman. Did not need visas for any of those. We did not even take the passports to the ports and no one was checking them either. All you need is your ship card.
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BharatPremi
03-17 02:33 PM
No
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senthil1
12-06 11:42 PM
I think Eb2 is much better. Retrogression is hardly more than 3 years and moves fast sometimes. Best thing is get a preapproved labor if available in your company
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yestogc
11-17 02:26 PM
using AP with H1B will not affect your h1b status in anyway.
Go with what roseball said ..................... 100% true
Go with what roseball said ..................... 100% true
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Pagal
05-29 01:05 PM
Hello,
Good points, but all are already on IV agenda in one form or another... please visit the IV agenda thread to read what all IV is doing...
Good points, but all are already on IV agenda in one form or another... please visit the IV agenda thread to read what all IV is doing...
abracadabra
01-16 04:44 PM
According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21
rjgleason
June 18th, 2005, 03:11 PM
No.1 is my favorite.....I like that (so it seems to me) that the emphasis is on the sky, which has suberb coloring........Wish I was into photography when I was living in SFO......I'd still be there, borrowing your 600mm. (and having a good friend!)
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