nlssubbu
12-06 12:01 PM
I asked my attorney the following question. His reply is in caps:
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.
I also had not faced any issue while going out of US and my return as well.
This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.
Thanks
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.
I also had not faced any issue while going out of US and my return as well.
This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.
Thanks
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rb_248
05-03 01:21 PM
Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?
arorasa
01-01 01:20 AM
Good thread. Encourage more people to vote !
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thamizhan
07-17 10:15 PM
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html
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Project_A
10-27 09:23 AM
Your situation is exactly like mine. Got OCI for first kid and PIO for the second.
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
mdcowboy
10-04 02:10 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. Also, I would be happy to put my money in savings with a decent return and stocks rather than my retirement fund.
I am not sure about this but I guess if you plan to return back..you just have to pay the taxes and not the penalty? You need to get this verified.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. Also, I would be happy to put my money in savings with a decent return and stocks rather than my retirement fund.
I am not sure about this but I guess if you plan to return back..you just have to pay the taxes and not the penalty? You need to get this verified.
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DyersEve
10-21 01:36 AM
Well guess what.......I changed it to almost exactly what you are describing the second after i made that last post, I think it looks much better than when i first started out.......thanks a lot everyone. :)
http://teamnerd.tripod.com/random/images4.txt
http://teamnerd.tripod.com/random/images4.txt
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Anders �stberg
August 8th, 2005, 11:00 PM
Great picture and tip! Would come in handy for me too as I'm not too keen on getting up early. :)
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ravi2patel
07-24 08:41 AM
If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.
I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.
Hi..what is "succession of interest" document...is it the actual 'merger' contract ?
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.
Hi..what is "succession of interest" document...is it the actual 'merger' contract ?
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
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anoopraj2010
07-29 06:39 PM
Ahem.. ? :confused:
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bsbawa10
11-04 09:28 AM
(Punjabi) Holi gairan nal khadee too batheree , sadee vari rang mukiya
Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.
Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.
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raysaikat
05-30 01:22 PM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
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maheshf
07-30 05:07 PM
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
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ars01
06-27 10:52 AM
If H4 person was always on H4, they never had an A#.
If H4 person ever got an OPT before and are now on H4 they can use that A# in the I-485 application. (The same applies to H1 person as well) I guess it should not be a problem if you forget to mention if you were ever assigned one in the past, but it won't hurt if you can mention if you can remember it. Everyone on H1 at this time do not have a current A# but may have been assigned one in the past (e.g. OPT).
If H4 person ever got an OPT before and are now on H4 they can use that A# in the I-485 application. (The same applies to H1 person as well) I guess it should not be a problem if you forget to mention if you were ever assigned one in the past, but it won't hurt if you can mention if you can remember it. Everyone on H1 at this time do not have a current A# but may have been assigned one in the past (e.g. OPT).
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number30
03-31 04:20 PM
Thanks for the reply.
How to dispute against this fake criminal record in background check.
Go check the history your self. Ask the conulting company to provide the copy. Check this web site.
http://www.isp.state.id.us/identification/PublicAccessToCriminalHistoryRecordInformation_000 .html
How to dispute against this fake criminal record in background check.
Go check the history your self. Ask the conulting company to provide the copy. Check this web site.
http://www.isp.state.id.us/identification/PublicAccessToCriminalHistoryRecordInformation_000 .html
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smuggymba
09-15 09:52 AM
Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.
so, with 1000 ppl...20 per months. = 20K.
so, with 1000 ppl...20 per months. = 20K.
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hmehta
05-31 11:32 AM
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
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DDLMODES
07-18 09:26 PM
If you did PERM (only then can you file concurrently)
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
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optimystic
09-15 11:52 AM
It still says Aug 15th. I don't think they will release it yet.
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
eastindia
05-14 04:15 PM
It is time to pass the DREAM Act.
lostinbeta
10-04 12:28 AM
You can use the paint bucket yes.
Or you can select white as your foreground color and use CTRL+Backspace to fill it (or is that ALT+backspace, either way, one of them uses the foreground color as fill and the other uses the background color as fill, just test it and find out if you want :))
Or you can select white as your foreground color and use CTRL+Backspace to fill it (or is that ALT+backspace, either way, one of them uses the foreground color as fill and the other uses the background color as fill, just test it and find out if you want :))
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