americandesi
03-01 06:56 PM
Don't worry, you will be let in after completing 3 years outside of Canada. But don’t wait till the last moment to make your move
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
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a_yaja
10-12 08:44 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
pappu
12-17 03:42 PM
2001 - dot com bubble burst;
2008 - finance bubble burst;
Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
2008 - finance bubble burst;
Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
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gc_on_demand
06-02 07:28 PM
I booked for my parents and deal was 700 USD for return from India to JFk + 1 free reschedule and second one for 30 USD ...
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roseball
05-04 04:34 PM
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
piyu7444
07-22 05:28 PM
Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
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F1_doubt
05-10 10:15 AM
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
In other words, I can never step back into the US?
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Refugee_New
05-30 05:14 PM
I e-filed my EAD renewal yesterday and got the reciept copy.
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
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inskrish
04-18 11:40 AM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
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gconmymind
04-22 04:57 PM
This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!
Peace..
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!
Peace..
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harsh
12-30 11:17 AM
what is interesting is why is EB2 stuck on Jan 2003? At least with EB3 we know that due to 245(i) it was stuck for a long time in April. I still can't figure out EB2 is stuck for such a long time in Jan 03.
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pcs
09-22 02:07 PM
If you do not have all experience letters.... Give a notarized letter from someone you worked with with dates & brief job description. It is acceptable
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snathan
01-22 06:11 PM
Yes, ICICI bank do not allow more than 4 part pre-payments in a year. I am not sure if it is a calendar year. You can ask ICICI for the part pre-payment terms. When I inquired, they sent me a PDF file.
I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.
I will try to find the email that ICICI sent regarding the part pre-payments terms.
Normally when the economy is booming, inflation will go up and central bank will increase the interest rate to contain that. The opposite will happen when the economy is going down
I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.
I will try to find the email that ICICI sent regarding the part pre-payments terms.
Normally when the economy is booming, inflation will go up and central bank will increase the interest rate to contain that. The opposite will happen when the economy is going down
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dealsnet
04-02 04:02 PM
You will not get another 6 months, if you go anywhere in North America.
You need to go Europe or Asia.
Extension is no longer allowed. It was allowed 2 years back.
Only way is to go out to India, or apply extension with USCIS.
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
You need to go Europe or Asia.
Extension is no longer allowed. It was allowed 2 years back.
Only way is to go out to India, or apply extension with USCIS.
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
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Bytes4Lunch
04-09 03:16 PM
My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
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gc28262
07-29 12:25 PM
Good One !
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pcjandyala
08-09 01:20 AM
am also in the same boat
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mdy_tvr
08-17 04:49 AM
Guys,
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
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zdash
10-26 03:11 PM
DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
I don't know what you mean by starting the GC process, you mean file I485?
I don't know what you mean by starting the GC process, you mean file I485?
sri1309
10-23 06:29 AM
Thanks guys,
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
indianabacklog
10-29 02:58 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
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