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02-07 08:30 AM
When it comes to the Visa Waiver program, clients often ask me, what happens when a Visa Waiver traveler who is in the U.S. visits a third, non-adjacent country, and then seeks to return to the U.S.? Do they receive a new 90-day period upon re-entering the United States? What if they go to Mexico or Canada or another adjacent country?
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
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bongbox
01-26 07:07 AM
hey sharif do mind telling me what frame rate you used in your site?
bp333
05-24 09:43 PM
In my case I applied for my MIL visa extension on March 15th. We received the approval last week. Her I-94 expired on May 15th, we chose to wait till we heard the decision.
I only requested for 4 months. Also, this is the second extension I applied for my MIL and this is her 4th visit to US. My take, you should be good as long as you state a valid reason and show good financial support..
I only requested for 4 months. Also, this is the second extension I applied for my MIL and this is her 4th visit to US. My take, you should be good as long as you state a valid reason and show good financial support..
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AZ_GC
08-22 06:46 PM
The answer is Yes you can switch to new employer. Your H-1 does not matter anymore as you have applied for AOS and you have a valid EAD which you can use for AC21 portability for a new employer after 180 days.
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sreeanne
11-17 01:19 PM
Can anyone share their thoughts please.
deepimpact
09-01 06:04 PM
Provided there is no retro . There can be following situations:
a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec
Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.
I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.
a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec
Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.
I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.
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whattodo21
12-22 01:50 PM
An investigative report by National Public Radio today sheds light on the behind-the-scenes effort to help draft and pass Arizona�s immigration law SB1070 by the private prison industry. Private prison corporations like the Corrections Corporation of America, the Geo Group and Management and Training Corporation have funneled tens of thousands of dollars to the 30 legislative co-sponsors of SB 1070.
Think Progress also highlighted reports that the billion-dollar Corrections Corporation of America � the largest private prison company in the country has directed money to legislators sponsoring Arizona-like immigration bills across the country. Following is a statement by Ali Noorani, Executive Director of the National Immigration Forum, a non-partisan, non-profit, pro-immigrant advocacy organization in Washington.
�Today�s revelations show that immigrant detention in America is not driven by justice but by the private prison industry looking to make a buck off the imprisonment of nannies and landscapers. Taxpayer money is being used to expand and establish a steady source of income for the prison industrial complex which is clearly benefiting from a broken immigration system that feeds immigrants into the detention system.
The true motives behind the controversial Arizona�s immigration law were not about increasing security or addressing Arizona�s immigration problems, the goal was to enhance the prison industry�s bottom line.
We cannot simply detain and deport our way out of our immigration problem. This report should sound the alarm bells over the urgent need to restore order, integrity and accountability to our immigration system.
Think Progress also highlighted reports that the billion-dollar Corrections Corporation of America � the largest private prison company in the country has directed money to legislators sponsoring Arizona-like immigration bills across the country. Following is a statement by Ali Noorani, Executive Director of the National Immigration Forum, a non-partisan, non-profit, pro-immigrant advocacy organization in Washington.
�Today�s revelations show that immigrant detention in America is not driven by justice but by the private prison industry looking to make a buck off the imprisonment of nannies and landscapers. Taxpayer money is being used to expand and establish a steady source of income for the prison industrial complex which is clearly benefiting from a broken immigration system that feeds immigrants into the detention system.
The true motives behind the controversial Arizona�s immigration law were not about increasing security or addressing Arizona�s immigration problems, the goal was to enhance the prison industry�s bottom line.
We cannot simply detain and deport our way out of our immigration problem. This report should sound the alarm bells over the urgent need to restore order, integrity and accountability to our immigration system.
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Prashanthi
07-30 06:00 PM
I am going to complete my 6th year on H-1b, this year end. My I 140 is cleared and I am going to file for 3 years extension. In the beginning of this year, for 3 months pay stubs are not run, due to some personal reasons. Will this affect my renewal of H1. We need to submit 3 pay stubs, before applying for extension. There will be a shortfall of YTD, when compared to actual. Please share your thoughts, who have clear understanding on these. thanking you.
Will be a problem if they notice, hopefully they will overlook this. As per the Law you have to be on the payroll at all times unless the company has granted you unpaid leave for a very valid reason such as medical emergency etc.
Will be a problem if they notice, hopefully they will overlook this. As per the Law you have to be on the payroll at all times unless the company has granted you unpaid leave for a very valid reason such as medical emergency etc.
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dealsnet
01-05 01:30 PM
How your husband file H1B for you ?
Did he own a company ?.
Did he file your H1B using desi body shops? without interview or knowing you ?!!!!!!!!!!!!!!!!
Are you start working for the company?
Your H1B start date is October 1, 2009.
Your H1B approval notice does not have I-94 attached, because you are not applied H1B while in USA. So you need to go back to home country to get visa stamped and start working in H1B ASAP.
Am currently on h4.my husband filed new h1b for me in april 2009 and it got approved in August 2009.
But when he filed my h1b i was in india.
i came to us on June 2009 on H4 visa.
can i go ahead and apply for change of status from h4 to h1b and start working.or else should i have to get my h1b stamped before i start my work.please advice.
thanks,
subri.
Did he own a company ?.
Did he file your H1B using desi body shops? without interview or knowing you ?!!!!!!!!!!!!!!!!
Are you start working for the company?
Your H1B start date is October 1, 2009.
Your H1B approval notice does not have I-94 attached, because you are not applied H1B while in USA. So you need to go back to home country to get visa stamped and start working in H1B ASAP.
Am currently on h4.my husband filed new h1b for me in april 2009 and it got approved in August 2009.
But when he filed my h1b i was in india.
i came to us on June 2009 on H4 visa.
can i go ahead and apply for change of status from h4 to h1b and start working.or else should i have to get my h1b stamped before i start my work.please advice.
thanks,
subri.
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DUNBAR
01-22 02:50 PM
How difficult would it be to work with the USCIS dept to "allow" filing of I-485 stage on a continuous basis when priority dates are not current? In the current scenario they are pre-adjudicating cases up to July 2007 and are allocating visa's number to them as and when DOS makes them available. They can might as well allow a continuous filing of 1-485, pre-adjudicate them, and then we can wait when DOS gives the visa numbers to get the GC. On the USCIS side of things they will at least reduce their deficit, from fees for i-485, EAD, AP, Renewals. On our side we get the EAD which eliminates employer dependency, visa stamping, visa renewal, proving employer-employee headache. This may sound like a baby step to streamline the GC process. Will this need any type of legislative effort? Is this possible?
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HV000
11-09 09:43 PM
Anyone?
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wandmaker
12-10 11:54 PM
can we call to customer care and change the name on tht.
You can call USCIS and notify the error, they will tell you how to refile.
You can call USCIS and notify the error, they will tell you how to refile.
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krishmunn
03-31 01:43 PM
I recently applied for a PAN Card. Got a DD through my parents in India and sent the form. Today they sent a mail with following --
1) We are yet to receive payment for application.- Kindly e-mail Cheque /DD no. and date on which amount has been debited from your account
2) Photograph provided is not proper for scanning.
Have any one faced similar problem ? A valid DD was included and they say they did not receive the payment ?? Also, the photo was of right size and clear enough so I am not sure what else to do.
Any help will be greatly appreciated
1) We are yet to receive payment for application.- Kindly e-mail Cheque /DD no. and date on which amount has been debited from your account
2) Photograph provided is not proper for scanning.
Have any one faced similar problem ? A valid DD was included and they say they did not receive the payment ?? Also, the photo was of right size and clear enough so I am not sure what else to do.
Any help will be greatly appreciated
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ak_2006
05-10 02:33 PM
Please check below link. They are pundits in predictions :)
http://immigrationvoice.org/forum/forum14-members-forum/1944033-eb2-eb3-predictions-rather-calculations-ii-85.html
http://immigrationvoice.org/forum/forum14-members-forum/1944033-eb2-eb3-predictions-rather-calculations-ii-85.html
more...
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sunkara9
05-09 01:54 PM
Hi ,
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
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meimmi
06-05 01:07 PM
You can get a licence valid upto 6 moinths from the date of H1 receipt notice. You can go to Wayne Rt 23 MVC. I got it myself last year from there.
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go_guy123
01-30 02:12 AM
I have same case, and I used my own sponsorship that got 10 years visa for my parents.
For the counselor, visiting a son is a more important need than visiting a brother.
I had the same case. My parents used invitation letters from both me and
my uncle (Dad' brother)
For the counselor, visiting a son is a more important need than visiting a brother.
I had the same case. My parents used invitation letters from both me and
my uncle (Dad' brother)
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GCwaitforever
06-27 10:06 AM
In addition to doing QA, please continue with your current responsibilities also so that job profile would not alter too much from what is given in the beginning.
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sina
08-20 01:36 PM
You can stay here as long as the I797 is valid (there is no rule to stamp it within a year). Do you have H1B stamped frome before or is this your first H1? If the first one then you have to get it stamped when you travel out of US. If this is not the first one then you can travel back on your old H1 stamp with new I797.
raysaikat
09-28 09:38 PM
In general, if a green card holds stays outside US without any US ties for a long time, s/he technically abandons permanent residence. In practice, doing so may not trigger any activity from USCIS as such and the person may be able to enter US again. However, later on if s/he applies for US citizenship, s/he will likely be in trouble.
Usually people try to come back once every 6 months to maintain permanent residence. However, technically doing so is not sufficient; the key is maintaining ties in US in addition to not remain outside for too long.
You may be able to obtain advance permission from USCIS to remain outside US for a certain period of time without the risk of losing permanent residence. You may want to consult with an immigration attorney to know the options you have for your specific case.
Usually people try to come back once every 6 months to maintain permanent residence. However, technically doing so is not sufficient; the key is maintaining ties in US in addition to not remain outside for too long.
You may be able to obtain advance permission from USCIS to remain outside US for a certain period of time without the risk of losing permanent residence. You may want to consult with an immigration attorney to know the options you have for your specific case.
pinganand
07-05 02:11 PM
Hi all,
[cross-posted to "ask attorney section" as well]
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.
thanks!
Anand
[cross-posted to "ask attorney section" as well]
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.
thanks!
Anand
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