rahul2699
05-16 07:59 AM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
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Ann Ruben
07-20 07:33 AM
without seeing your son's complete record and carefully researching the NY criminal code, it is impossible to give correct legal advice.
rangaswamy
10-18 12:32 PM
Im just wondering.. my check has not been cashed. i was sent more than a month ago.
My check to IV that is, NOT USCIS
Can i start a new thread for that :)
My check to IV that is, NOT USCIS
Can i start a new thread for that :)
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dpp
07-11 11:06 AM
I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
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ramaonline
07-15 02:10 PM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
gc_peshwa
04-15 11:05 AM
Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??
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jthomas
05-06 04:04 PM
ganguteli,
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)
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lahiribaba
07-05 04:58 PM
I live in SF Bay area.
Not that I am getting paranoid, I suspect social issues if economy worsens..Rising crime and other social issues do come up in tough economic conditions.
Recently one of my friends was targeted in a racial abuse, something which was unheard in the area where I live in. I see gang signs allover the area where I live. It was not like that one year ago.
Bull***t!
Not that I am getting paranoid, I suspect social issues if economy worsens..Rising crime and other social issues do come up in tough economic conditions.
Recently one of my friends was targeted in a racial abuse, something which was unheard in the area where I live in. I see gang signs allover the area where I live. It was not like that one year ago.
Bull***t!
more...
tp976
04-30 03:40 PM
mrsr,
were you able to interfile? im looking for people who have been successful in doing this
i have a PD OCT 03 ( EB3) and july 06 (EB2), both cases I-140 approved. Just wondering its worthwhile doing it.
I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140
Thanks..
I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140
Thanks..
any idea
please guys
is anybody there
is any body there
were you able to interfile? im looking for people who have been successful in doing this
i have a PD OCT 03 ( EB3) and july 06 (EB2), both cases I-140 approved. Just wondering its worthwhile doing it.
I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140
Thanks..
I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140
Thanks..
any idea
please guys
is anybody there
is any body there
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div_bell_2003
01-06 01:55 PM
Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
more...
smisachu
11-08 12:06 PM
Hi Guys,
I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...
I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...
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sanojkumar
08-21 11:42 AM
Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?
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jcseeker
04-17 09:24 AM
it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
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Dhundhun
11-30 02:13 PM
There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
more...
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EkAurAaya
03-19 10:23 PM
There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
Thanks for confirming! No i m not looking to sell in this market :D (although if i have to sell i will still break even) i have a rental property that i was thinking of selling early last year and the lawyer mentioned this to me... so i wanted to confirm!
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
Thanks for confirming! No i m not looking to sell in this market :D (although if i have to sell i will still break even) i have a rental property that i was thinking of selling early last year and the lawyer mentioned this to me... so i wanted to confirm!
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waitin_toolong
07-30 01:31 PM
Congratulations,
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
more...
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kumar1
07-17 02:17 PM
Screw Murthy !!! I have never seen him picking up any good news.
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telekinesis
09-06 03:59 PM
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Joey Foley
May 16th, 2005, 07:13 PM
Ok, this is something I don't think I have an eye for at all (or have ever had an eye for, yet).
I have a photo project for a other photo study I'm taken. It's to photo a beauiful outdoor vista (any outdoor scene I pick).
The objective is to produce a picture that gives a feeling of distance-a feeling of near or far.
The subject is to photo a wonderful view that stretches as far as the eye can see.
So am I even close or maybe getting close to achieving this?
What do you think?
I have some more to post but here's a few examples.
Comments,suggestions,anything?
Thanks again everyone for your help.
http://www.dphoto.us/forumphotos/data/511/medium/test2.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test3.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test5.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test4.jpg
http://www.dphoto.us/forumphotos/data/511/medium/testing1.jpg
I have a photo project for a other photo study I'm taken. It's to photo a beauiful outdoor vista (any outdoor scene I pick).
The objective is to produce a picture that gives a feeling of distance-a feeling of near or far.
The subject is to photo a wonderful view that stretches as far as the eye can see.
So am I even close or maybe getting close to achieving this?
What do you think?
I have some more to post but here's a few examples.
Comments,suggestions,anything?
Thanks again everyone for your help.
http://www.dphoto.us/forumphotos/data/511/medium/test2.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test3.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test5.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test4.jpg
http://www.dphoto.us/forumphotos/data/511/medium/testing1.jpg
rhoh
07-29 10:01 PM
Once you are on F-1 (in the rare case), then you'll file your tax returns as Non-resident Alien and this will mean abandonment of 485.
deecha
07-26 09:21 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.