suny_saini
08-05 12:18 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
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vaguely
12-04 05:46 PM
Hi,
I was on H1 status but got laid off. I have my EAD and my AP has been approved but I have not yet received it in the mail. Once I do, is it safe to travel outside the US and re-enter using AP if i don't have job yet?
Thanks.
I was on H1 status but got laid off. I have my EAD and my AP has been approved but I have not yet received it in the mail. Once I do, is it safe to travel outside the US and re-enter using AP if i don't have job yet?
Thanks.
immi_2006
09-20 11:06 AM
desih1B appreciate your response
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Libra
09-15 10:26 PM
And there are last mintue deals, 160 round trip, and get a free accomodation by contacting IV. Just one day, take time off work and make up those hours by working 10 hours/day. It's easy guys, com on now.
more...
vbkris77
02-11 04:36 PM
CIS is bound by law to not accept early AOS applications. It depends on State published visa dates. So if we can work with State dept to have them publish the dates for Visa posts for CP as they do today (Which is faster) and add CIS processing delay to the Dates and publish second set of dates for AOS which always be atleast 2 years or more added to current dates published by State.
This gives chance to people, who missed their chance to file in AOS in 2007 July. They can atleast get benefits of AC21 in this tough economy.
This gives chance to people, who missed their chance to file in AOS in 2007 July. They can atleast get benefits of AC21 in this tough economy.
techno
07-23 09:53 PM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9110329
more...
malet
06-02 10:33 AM
Hello, I'm new to this forum. Please don't be tough on me.
I received the folowing letter from NVC. The case is for my dad. He originally filed under F4, priority date 13Jul2000.
What does it mean and what we should do?
Many thanks.
===========================================
Dear Sir/Madam:
Your inquiry has been received at the National Visa Center (NVC).
A letter was previously mailed to the Agent of Choice or Attorney of
Record requesting the amendment of previously submitted applicant forms
and/or required applicant documents that have not been submitted. The
documents listed on the letter and/or the amended forms must be
submitted to the assigned US Embassy or Consulate General at the time of
interview.
The applicant's name has been placed on the list of documentarily
qualified cases awaiting the availability of visa numbers under the
numerical limitations prescribed by statute. The designated
representative of this case (applicant, petitioner, or attorney) will be
notified of an appointment date as soon as the numbers have been
received. The applicant should NOT make any travel arrangements, sell
property, or give up employment until the US Embassy or Consulate
General has issued a visa.
An immigrant visa is usually valid for six months from the date it is
issued. It may be used to apply for admission into the United States any
time during its validity.
I received the folowing letter from NVC. The case is for my dad. He originally filed under F4, priority date 13Jul2000.
What does it mean and what we should do?
Many thanks.
===========================================
Dear Sir/Madam:
Your inquiry has been received at the National Visa Center (NVC).
A letter was previously mailed to the Agent of Choice or Attorney of
Record requesting the amendment of previously submitted applicant forms
and/or required applicant documents that have not been submitted. The
documents listed on the letter and/or the amended forms must be
submitted to the assigned US Embassy or Consulate General at the time of
interview.
The applicant's name has been placed on the list of documentarily
qualified cases awaiting the availability of visa numbers under the
numerical limitations prescribed by statute. The designated
representative of this case (applicant, petitioner, or attorney) will be
notified of an appointment date as soon as the numbers have been
received. The applicant should NOT make any travel arrangements, sell
property, or give up employment until the US Embassy or Consulate
General has issued a visa.
An immigrant visa is usually valid for six months from the date it is
issued. It may be used to apply for admission into the United States any
time during its validity.
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rb_248
02-07 11:01 AM
Just saw this news on Economics Times (Indian Newspaper).
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
First TOI reported this and Now ET is reporting this......I think we must research this further to make sure this is or is not true.
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
First TOI reported this and Now ET is reporting this......I think we must research this further to make sure this is or is not true.
more...
rajkumar_engg
03-12 02:27 PM
Hi,
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
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cessua
07-06 09:11 PM
Same thing...
http://www.cbc.ca/cp/technology/070705/z070502A.html
http://www.cbc.ca/cp/technology/070705/z070502A.html
more...
mrudul_hr
12-06 09:47 AM
its good to use your OPT card as long as its vaild and then move to H1, there is no time frame for stamping, its always good to go to your home country and then get it stamped,but once you start working on H1(your payrolls starts on H1) then your H1 clock starts
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anon123x456z
11-02 04:31 AM
Hello ,
I entered USA in Dec. 2007 on H4 Visa valid till April 2010. I got my H1B approved in October 2008. I worked for few months, and due to bad economy I do not have any project since last 5 months and also no paystubs. I would like to change back to H4 status. But I understand that filing for change of status from within US might require latest paystubs. So I am planning to go to my Home country this month ( Nov 2009 ) and return in Jan 2010.
My questions are:
1) The H4 visa stamp on my passport is valid till Apr 2010. So can I simply enter USA with the same stamp and valid H1b petition from my spouse to get the new valid I-94 in H4 status?
2) Will there be any issue at Port of Entry ? Has anyone done this before ?
3) If this can be done then once I get valid I-94 with H4 status, Do I need to file any other form in addition like I-539 to be in proper status ?
Thanks in advance !
I entered USA in Dec. 2007 on H4 Visa valid till April 2010. I got my H1B approved in October 2008. I worked for few months, and due to bad economy I do not have any project since last 5 months and also no paystubs. I would like to change back to H4 status. But I understand that filing for change of status from within US might require latest paystubs. So I am planning to go to my Home country this month ( Nov 2009 ) and return in Jan 2010.
My questions are:
1) The H4 visa stamp on my passport is valid till Apr 2010. So can I simply enter USA with the same stamp and valid H1b petition from my spouse to get the new valid I-94 in H4 status?
2) Will there be any issue at Port of Entry ? Has anyone done this before ?
3) If this can be done then once I get valid I-94 with H4 status, Do I need to file any other form in addition like I-539 to be in proper status ?
Thanks in advance !
more...
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GCIssues
09-09 10:44 PM
Tom,
I appreciate your reply a lot.
. My company people told me that they would be mailing the h1 transfer application on april 24. And hence i can join on April 28. So i joined and started working from them. i trusted my company and never asked for copy of receipt notice or case number. Few months later, i got H1b approval. Hence never thought there was any problem, until recently when i realized that Receipt Date on the H1b approval notice is May 15.
This difference b/w my actual joining date i.e. April 28 and Receipt Date on H1b Notice i.e. May 15 is causing the concern
Any advise in this regard is appreciated.
I appreciate your reply a lot.
. My company people told me that they would be mailing the h1 transfer application on april 24. And hence i can join on April 28. So i joined and started working from them. i trusted my company and never asked for copy of receipt notice or case number. Few months later, i got H1b approval. Hence never thought there was any problem, until recently when i realized that Receipt Date on the H1b approval notice is May 15.
This difference b/w my actual joining date i.e. April 28 and Receipt Date on H1b Notice i.e. May 15 is causing the concern
Any advise in this regard is appreciated.
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theOne
07-23 05:18 PM
Card production ordered
PD 03/2008
RD 8/10/2008
ND 9/20/2008
But my desi consulting company tells me it is safe to stay with them for another six months.
Edit:
PD is 3/2004 not 3/2008. Sorry about the confusion
PD 03/2008
RD 8/10/2008
ND 9/20/2008
But my desi consulting company tells me it is safe to stay with them for another six months.
Edit:
PD is 3/2004 not 3/2008. Sorry about the confusion
more...
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jonty_11
12-04 02:06 PM
INteresting news on Times
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
Should we contact her for GC backlogs also....IV core can comment!!
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
Should we contact her for GC backlogs also....IV core can comment!!
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frostrated
06-11 04:07 PM
Admins,
I get the following error message when trying to access the thread "EB2-EB3 Predictions (Rather Calculations).."
This webpage has a redirect loop.
The webpage at http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-294.html#post1963467 has resulted in too many redirects. Clearing your cookies for this site or allowing third-party cookies may fix the problem. If not, it is possibly a server configuration issue and not a problem with your computer.
Here are some suggestions:
i have the same issue too. does not let me continue to the next page. It works on a different computer though.
I get the following error message when trying to access the thread "EB2-EB3 Predictions (Rather Calculations).."
This webpage has a redirect loop.
The webpage at http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-294.html#post1963467 has resulted in too many redirects. Clearing your cookies for this site or allowing third-party cookies may fix the problem. If not, it is possibly a server configuration issue and not a problem with your computer.
Here are some suggestions:
i have the same issue too. does not let me continue to the next page. It works on a different computer though.
more...
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eastindia
11-12 09:53 AM
Is Dream act more important than fixing the economy in lame duck session?
No wonder Democrats lost the elections.
No wonder Democrats lost the elections.
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rajeshiv
07-17 04:40 PM
Is there any legal issues?
Is it a good idea?
Hi Jag,
We all unanimously select you for Hunger strile, Will you agree for that?:)
Think broadly man.
Is it a good idea?
Hi Jag,
We all unanimously select you for Hunger strile, Will you agree for that?:)
Think broadly man.
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front123
03-19 02:27 PM
Hello,
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
neeidd
07-24 05:31 PM
Nsc
Thanks for sharing
Thanks for sharing
Sakthisagar
02-18 01:58 PM
As per Ron Gotcher Please see below. Welcome to ImmInfo (http://www.imminfo.com)
USCIS Conference call on recent Employer-Employee Memo.
I am still listening to the conference call as I write this. So far, the CIS has really taken it on the chin by all but one speaker. The comments have ranged from mild criticism to demands that the memo be withdrawn. I was able to get in and ask whether anyone had actually read the legal authorities they cited? They very carefully avoided answering.
USCIS Conference call on recent Employer-Employee Memo.
I am still listening to the conference call as I write this. So far, the CIS has really taken it on the chin by all but one speaker. The comments have ranged from mild criticism to demands that the memo be withdrawn. I was able to get in and ask whether anyone had actually read the legal authorities they cited? They very carefully avoided answering.