Ann Ruben
04-17 02:21 PM
Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
wallpaper of the #39;Jersey Shore#39; cast
gcwanter
07-26 01:35 PM
It depends on if you filed the application yourself or thru lawyer authorizing them with a G28
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
ramaonline
09-24 07:07 PM
uscis may come out with a rule that would exclude h4 time from h1 time. As of now, the rule has not published which means ur h1 time includes time spent in h4 status. please check with ur attorney about the expected publication of the
rule.
rule.
2011 gt;Jersey Shore Cast
doubleyou
05-20 10:38 AM
I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.
But more than for me, i am reaching out to all others in IV.
But more than for me, i am reaching out to all others in IV.
more...
unitednations
05-19 03:24 PM
background checks can mean all sorts of things
1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)
2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.
he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.
He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.
Background check means all sorts of things...
1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)
2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.
he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.
He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.
Background check means all sorts of things...
invincibleasian
02-06 05:09 PM
I dont have EAD so I cannot comment!
more...
texcan
07-31 04:55 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
AVR is valid for reentry only if you donot apply for visa in canada or mexico
and if you come back to US within 30 days.
Donot give you I-94 when you leave US.
If your visa is rejected in canada, you cant re-enter US.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
AVR is valid for reentry only if you donot apply for visa in canada or mexico
and if you come back to US within 30 days.
Donot give you I-94 when you leave US.
If your visa is rejected in canada, you cant re-enter US.
2010 Share | | Print Email. Snooki
tonyHK12
01-31 09:29 AM
Definitely lets all agree to meet with our local house reps.
You can find your local congressman/woman from http://house.gov by entering your zip code.
They are generally very close to your geographic area.
Please ask if you have any questions, doubts.
You can find your local congressman/woman from http://house.gov by entering your zip code.
They are generally very close to your geographic area.
Please ask if you have any questions, doubts.
more...
jsb
08-31 09:43 AM
Is it Received date or Notice date?
There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).
Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.
Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.
There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).
Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.
Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.
hair The entire “Jersey Shore” cast
kuhelica2000
10-18 08:58 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
more...
gemini23
08-02 01:06 PM
GO with fedex. and stay away from DHL. my experience.
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
hot MTV#39;s #39;Jersey Shore#39; Filming
MYGCBY2010
07-27 02:41 PM
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
more...
house VIDEO: Watch the Jersey Shore
caond
05-07 11:29 AM
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
tattoo The Jersey Shore Season 3
Sachin_Stock
08-24 12:35 PM
Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!
I am Eb3 with PD Jan 2004 and I am totally in dark :(
I am Eb3 with PD Jan 2004 and I am totally in dark :(
more...
pictures Jersey Shore Cast Italy
rajeshalex
09-15 03:01 PM
This month they are prompt and published the date on correct date.
I cant beleive Eb2 NSC is 2008.
(Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
Ombudsman had replied to this email.
I am not sure this email worked )
Rajesh
I cant beleive Eb2 NSC is 2008.
(Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
Ombudsman had replied to this email.
I am not sure this email worked )
Rajesh
dresses The Jersey Shore kids will
njboy
06-08 09:14 PM
There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.
more...
makeup Jersey Shore stars Ronnie
add78
05-30 09:54 AM
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
girlfriend The Entire #39;Jersey Shore#39; Is
perm2gc
07-08 09:57 PM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
hairstyles The Jersey Shore cast will
cabal
07-09 09:38 AM
There is no drives even in a 1000 mile radius from where I live, hope this guy gets what he wants, looks like this guy has lots of support, lots of money. Can we do the same for all such people in India, there are probably hundreds of thousands of people in India who are in this situation who have no help like this guy. We should take our mind away from DOS and USCIS for a while and do some better things like this.
You can actually get registered at your local hospital and if you are from South East Asia, they waive the nominal fees they otherwise charge. Note: There are no fees charged during the drives. People please go out and get yourselves registered. Thanks!
You can actually get registered at your local hospital and if you are from South East Asia, they waive the nominal fees they otherwise charge. Note: There are no fees charged during the drives. People please go out and get yourselves registered. Thanks!
sandiboy
08-23 05:25 PM
Is it from NSC or TSC
NSC
NSC
potatoeater
05-10 04:10 PM
Sorry. I may be mistaken. May be it is the other way round. Try firefox then.
Actually I am using IE.
Thank you
Indira
Actually I am using IE.
Thank you
Indira
No comments:
Post a Comment