glus
05-13 08:26 AM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
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sandy_anand
10-04 01:31 PM
I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??
Not necessarily, this data is 3 months old I think. The last quarter allocations could have closed the gap.
Not necessarily, this data is 3 months old I think. The last quarter allocations could have closed the gap.
DSLStart
09-23 08:48 PM
see this latest approval:
http://boards.immigration.com/showthread.php?t=286510
http://boards.immigration.com/showthread.php?t=286510
2011 Pyrex Glass Water Pipes.
nousername
02-27 07:14 PM
I don't think so.. Back in 2002 I was in similar situation (f1 to h1) and to best of my knowledge I was only able to get part of my federal taxes back.. In fact I remember paying some additional state taxes at the end of the year.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
more...
willgetgc2005
04-13 05:57 PM
Please send emails if you would like. I have sent the one below.
Honorable Senator,
I am writing to you about 'High-Tech Worker Relief Act of 2007'
At the outset , let me express my sincere gratitude for introducing this bill. I have been in the US lawfully under the highly skilled category since 1999. However, my Permanent Residency is still pending because of employment based visa back logs. One very useful provision that I request you to introduce in this bill is to recapture the unused employment based Permanent residence visa numbers from 2001 through 2005 and use it now. These Visa numbers have never been used due to various reasons within the USCIS. Using these Visa numbers will provide much needed relief to people like myself who have been waiting for many many years.
I love this country and am eager to make more contributions. Permanent Residence will allow me to start my own enterprise and create jobs in this country that I have come to respect, admire and live in. Waiting in the limbo for several years not knowing the outcome is constraining my education, abilities , work experience and drive.
Again, Thank You for introducing this bill and I urge you to add the provision to recapture the unused employment based permanent visa numbers form 2001 through 2005 that will provide the much needed relief.
Honorable Senator,
I am writing to you about 'High-Tech Worker Relief Act of 2007'
At the outset , let me express my sincere gratitude for introducing this bill. I have been in the US lawfully under the highly skilled category since 1999. However, my Permanent Residency is still pending because of employment based visa back logs. One very useful provision that I request you to introduce in this bill is to recapture the unused employment based Permanent residence visa numbers from 2001 through 2005 and use it now. These Visa numbers have never been used due to various reasons within the USCIS. Using these Visa numbers will provide much needed relief to people like myself who have been waiting for many many years.
I love this country and am eager to make more contributions. Permanent Residence will allow me to start my own enterprise and create jobs in this country that I have come to respect, admire and live in. Waiting in the limbo for several years not knowing the outcome is constraining my education, abilities , work experience and drive.
Again, Thank You for introducing this bill and I urge you to add the provision to recapture the unused employment based permanent visa numbers form 2001 through 2005 that will provide the much needed relief.
mjdup
01-11 02:35 PM
I feel your case will be OK, they are just doing the PIMS verification. I got my H1B validated in Munich last year. (read my experience on murthy site). So be patient and you'll get it successfully.
good luck,
good luck,
more...
MatsP
January 27th, 2006, 05:17 AM
I think this should be split out to another thread.
If we start out by strictly looking at NEW equipment, and base body+lens price of less than $1000:
- Canon
EOS Rebel XT: $880
- Konica Minolta
Maxxum 5D: $700
- Nikon
D50: $650
- Olympus
E-volt 300: $650
E-volt 500: $720
E-1: $940
- Pentax
*ist DL: $750
Prices from B&H Photo - www.bhphotovideo.com - there may well be better offers available, but the local camera shop probably wants a few dollars more... Which may or may not be worth it, depending on whether you value the fact that you can go to the local store for help and advice or prefer e-mail and phone help if something goes wrong...
All of these have their own pro's and con's. If you want a good selection of lenses and other "extras", the Canon will be first, Nikon second, Konica Minolta in third, a fair bit behind, and everything else sharing a pretty far behind fourth place. This, of course, may not be an issue - if all you want is two or three (or one) generic lens and a basic flash you'll be fine with any choice.
The pixel count is 8MP for Canon and Olympus, whilst the others have 6MP. Again, this may or may not be important for you.
As to "which is best", it's VERY MUCH a personal preference - and a case of which features are important to you as a photographer.
I didn't list the ones that are a little more than $1000 - you get quite a few more to choose from if you go to $1200 or so - and with faster action and bigger buffer (for those action sequences).
As Puncher mentioned, used digital cameras are an option - you can get one that is a year or two old, which has much higher spec than the new ones for the same money.
Without some further discussion on what's important to you, it's not an easy choice.
--
Mats
If we start out by strictly looking at NEW equipment, and base body+lens price of less than $1000:
- Canon
EOS Rebel XT: $880
- Konica Minolta
Maxxum 5D: $700
- Nikon
D50: $650
- Olympus
E-volt 300: $650
E-volt 500: $720
E-1: $940
- Pentax
*ist DL: $750
Prices from B&H Photo - www.bhphotovideo.com - there may well be better offers available, but the local camera shop probably wants a few dollars more... Which may or may not be worth it, depending on whether you value the fact that you can go to the local store for help and advice or prefer e-mail and phone help if something goes wrong...
All of these have their own pro's and con's. If you want a good selection of lenses and other "extras", the Canon will be first, Nikon second, Konica Minolta in third, a fair bit behind, and everything else sharing a pretty far behind fourth place. This, of course, may not be an issue - if all you want is two or three (or one) generic lens and a basic flash you'll be fine with any choice.
The pixel count is 8MP for Canon and Olympus, whilst the others have 6MP. Again, this may or may not be important for you.
As to "which is best", it's VERY MUCH a personal preference - and a case of which features are important to you as a photographer.
I didn't list the ones that are a little more than $1000 - you get quite a few more to choose from if you go to $1200 or so - and with faster action and bigger buffer (for those action sequences).
As Puncher mentioned, used digital cameras are an option - you can get one that is a year or two old, which has much higher spec than the new ones for the same money.
Without some further discussion on what's important to you, it's not an easy choice.
--
Mats
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Wendyzhu77
02-11 10:26 AM
What do you mean "that is easily offset by EB-CP "?
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
more...
bandya
04-28 03:30 PM
Second contribution of $200. Contributed $400 till now.
Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!
Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!
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jonty_11
05-22 10:45 AM
I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.
more...
anai
09-22 08:51 AM
just FYI, came back via SFO and had no reentry issues.
Great. Good that you went and good to know that there were no issues.
Great. Good that you went and good to know that there were no issues.
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meridiani.planum
08-09 05:45 PM
Just A thought.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
more...
house glass water pipes,
calboy78
08-02 08:48 PM
This document:
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
tattoo Glass Water Pipes
eb3_nepa
07-26 10:03 AM
These Immigration lawyers should all be rounded up and publicly FLOGGED to stop them from making such BLUNDERS!! :p
more...
pictures GLASS water PIPEs.
Kitiara
04-28 02:40 PM
I wasn't copying you, Soul. Honest. :)
Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)
Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)
dresses This water pipe is incredible.
meridiani.planum
01-08 12:03 AM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
more...
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OLDMONK
07-18 02:05 PM
If Skill Bill passes eventually, won't EB2 be beneficial over EB3.
I used my EB2 (jan 2006) over EB3 (March 2005)
I used my EB2 (jan 2006) over EB3 (March 2005)
girlfriend This water pipe is incredible.
mhtanim
11-26 06:06 PM
My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
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alterego
07-12 07:25 PM
Consult with you lawyer about this one.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
asdfgh
11-27 11:58 PM
Finished FP this morning. Got LUD on 485 45 mins after FP completion. Status language changed from
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"
to
"On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"
Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.
Any thoughts???
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"
to
"On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"
Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.
Any thoughts???
jsb
09-17 01:42 PM
I saw those guys in the situation room. I will look like their grandfather.:mad:
You have company Andy. How old are you?
You have company Andy. How old are you?
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