raysaikat
07-31 10:08 PM
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
Permanent residency in United States has no jurisdiction over Australia. That should have been obvious.
In any case, once the I/O at the Sydney airport stamped the australian VISA, it has in effect been canceled, in the sense that you cannot use that VISA to reenter Australia. If you want to go to India (for that matter, anywhere outside Australia), and then you need to get Australian VISA again in order to reenter Australia.
So, go to India, book VISA appointment at Australian Consulate near your place in India, get another Australian VISA, and then return to Australia.
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
Permanent residency in United States has no jurisdiction over Australia. That should have been obvious.
In any case, once the I/O at the Sydney airport stamped the australian VISA, it has in effect been canceled, in the sense that you cannot use that VISA to reenter Australia. If you want to go to India (for that matter, anywhere outside Australia), and then you need to get Australian VISA again in order to reenter Australia.
So, go to India, book VISA appointment at Australian Consulate near your place in India, get another Australian VISA, and then return to Australia.
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RajForGC
06-07 03:59 PM
Are they gonna talk or vote again on Immigrtaion today?
paskal
06-27 12:46 PM
you are allowed to file for a renewal 120 days before the previous document expires.
"replacement" is different- it's for a lost card or damaged etc
"replacement" is different- it's for a lost card or damaged etc
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lazycis
02-12 07:18 PM
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
more...
snathan
02-22 10:57 PM
Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.
Technically No. But you never know what USCIS will ask for
Technically No. But you never know what USCIS will ask for
tempy
09-22 09:29 AM
Thanks Pagal. I guess I'll wait for it to resolve. I don't know why USPS sends back this mail while delivering that all other mail.
Thanks,
Hello,
The cards and notices for my family did multiple rounds of 'undelivered' mail .... ...
Thanks,
Hello,
The cards and notices for my family did multiple rounds of 'undelivered' mail .... ...
more...
CaliHoneB
09-21 10:50 AM
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
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amit1234
08-27 08:19 AM
Hi,
can any lawers give me reply?
Thanks in advance
can any lawers give me reply?
Thanks in advance
more...
indyanguy
07-01 12:30 PM
Bumping for help..Is my lawyer concern justified? I would like to know how and when does a new EB2 application affect a pending EB3 application. Would USCIS deny the EB3 application as it's not necessary anymore since I have a new EB2 job lined up?
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InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
more...
ravi98
10-08 10:32 AM
Lou Dobbs and Isabel Macdonald sparr back and forth
Lou Dobbs, Nation's Isabel Macdonald Clash Over Illegal Immigration Story On 'Last Word' (VIDEO) (http://www.huffingtonpost.com/2010/10/08/lou-dobbs-nations-isabel-_n_755416.html)
Lou Dobbs, Nation's Isabel Macdonald Clash Over Illegal Immigration Story On 'Last Word' (VIDEO) (http://www.huffingtonpost.com/2010/10/08/lou-dobbs-nations-isabel-_n_755416.html)
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manderson
04-30 12:11 PM
According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
more...
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gcwait2007
12-21 08:23 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
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ssdtm
11-06 02:23 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
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corleone
11-14 11:59 AM
same here
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number30
03-17 11:25 AM
Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
pay some extra premium.
wouldn't that be common sense....
You cannot add before she comes here. She can bring some insurence from country of origin.
pay some extra premium.
wouldn't that be common sense....
You cannot add before she comes here. She can bring some insurence from country of origin.
more...
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Dhundhun
08-13 12:39 AM
English equivalent:
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
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raysaikat
07-12 01:46 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
First assume that you are talking about the same company, so that you get one paycheck, one W2, etc.
Your H1-B job must match what is specified in LCA. In particular, LCA is location specific. If you work in a different location (and no longer work in the old location), you need a different (ameded) LCA. If you want to work in two locations, you need to file an amended LCA that lists both locations.
Now, if the two "branches" are different entities (i.e., you are going to receive different paychecks, W2's etc.), you need two H1-B's. File a second "concurrent" H1-B for the second position, and you will be good. The concurrent H1-B will be cap-exempt.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
First assume that you are talking about the same company, so that you get one paycheck, one W2, etc.
Your H1-B job must match what is specified in LCA. In particular, LCA is location specific. If you work in a different location (and no longer work in the old location), you need a different (ameded) LCA. If you want to work in two locations, you need to file an amended LCA that lists both locations.
Now, if the two "branches" are different entities (i.e., you are going to receive different paychecks, W2's etc.), you need two H1-B's. File a second "concurrent" H1-B for the second position, and you will be good. The concurrent H1-B will be cap-exempt.
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nixstor
04-18 12:32 PM
<Snip from his speech>
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
highskies26
08-15 12:07 AM
+2003 11
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
GCard_Dream
04-12 07:26 PM
You may have a great idea but it'll never happen. Anti-immigrants will label this idea as "Green card for sale" and essentially that's what it is. Bush is also proposing the same for undocumented workers for 10K but conservatives aren't falling for it.
You can argue all you want that we have done everything by the book and have lived here legally all along but no one seems to be impressed with that argument and hence hardly anyone talks about relief to EB folks.
The only 2 topic that is ever discussed is H1B (for company's benefit) and illegal alien (big vote bank for politicians). Even if you propose 50K, I don't think anyone will listen.
It's fun to bounce around ideas, however, while we are waiting for our green card. :)
You can argue all you want that we have done everything by the book and have lived here legally all along but no one seems to be impressed with that argument and hence hardly anyone talks about relief to EB folks.
The only 2 topic that is ever discussed is H1B (for company's benefit) and illegal alien (big vote bank for politicians). Even if you propose 50K, I don't think anyone will listen.
It's fun to bounce around ideas, however, while we are waiting for our green card. :)
