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  • rr_immaculate
    08-05 08:20 AM
    The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf

    My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.





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  • garybanz
    03-09 11:35 AM
    thanks all for suggestions
    His company is filing for LCA today and will see where it takes

    It's probably going to be too little too late to just file an LCA now.

    I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.





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  • dummgelauft
    11-11 12:02 PM
    hey all i can't find where to post a new thread so hopefully I can hijack this quick.

    I called the USCIS number for info but can't speak to an operator.

    My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).

    she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.

    thanks for any help!

    Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.





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  • derekjbj
    09-16 07:39 PM
    Hi All,
    I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
    I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
    How about pursuing a full time MBA with EAD ( 485 PENDING)
    I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?



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  • Ann Ruben
    02-23 10:58 PM
    There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.





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  • tonyHK12
    11-14 12:10 PM
    I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:

    1) Is the slow movement due to so many cases in field offices not yet reported?

    2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?

    3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?

    Theories are welcome.

    Yes I agree something doesn't add up. The yearly quota should be at least 2800 visas for EB3 from Mexico.
    Maybe they're waiting for the end of quarter to allocate visas.
    IV generally follows up for donor members.



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  • snakesrocks
    03-14 11:31 AM
    Hi everyone,
    I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.

    I had applied for AP in january but its still pending at NSC.
    Now I have to go to India for my brother's marriage.

    My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.

    Thanks

    I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.





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  • belmontboy
    01-18 02:58 PM
    Chances for an audit are 95%:(

    do u have any source for this?

    If you don't, you should learn not to give answers that you don't know.



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  • alucard666
    08-27 02:20 PM
    I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?





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  • waitin_toolong
    10-02 01:33 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    not citizen but resident and that does not qualify you permanent resident.

    and most companies require a GC holder or citizen to cosponsor.



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  • swita
    03-25 06:32 PM
    @sk.aggarwal: Can you please clarify what you meant. Can i go on a vacation after my perm is filed and then when I come back can I recapture my time and then file for extension ?
    Also Do you know this from any lawyer ?





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  • logiclife
    03-17 01:13 AM
    3/16/2006

    All immigration voice contributors:

    On behalf of immigration voice I would like to express my heartfelt appreciation, for your thoughtful and generous gift. We have
    reached our goal of "60K by 16th" today. Last checked, the contributions slightly reached over 60,500.

    Through the support of individuals like you, Immigration Voice is able to continue our advocacy efforts in Washington DC to bring
    immigration reform for legal high-skilled immigrants. With your continued support we will keep our efforts up until we have reached
    our goals because its simply too important to not give up EVER.

    Again, thank you for the generous support. Your gift, along with the gifts of others, will enable us to continue our advocacy efforts
    through every bill and every legislation that can help us achieve legal-immigration reform.


    Sincerely,
    Jay Pradhan.

    http://www.ebsworth.com/gallery/images/u106_thank_you.jpg



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  • yabadaba
    06-30 04:07 PM
    sanju,

    CIR is dead. no point flogging a dead horse. right now we are just trying to gather information and facts...by calling this guy names will not help anything. i know he has been ostracized on IV a whole lot for what happened at the guiterrez rally. but let bygones be bygones... cir is dead..no point blaming him for it





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  • krishnam70
    07-05 04:16 PM
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  • susie
    10-31 01:47 AM
    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

    maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision





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  • abc
    11-06 06:09 PM
    No need to register PIO kid till 15 years of age.



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  • gulute
    09-16 02:57 AM
    The major grievance of people on H1 was their spouses cannot work and when the ruling came into effect that the time spent on H4 will not be counted and a new 6 year term is possible, H4s massively applied for H1, and this year�s H1 quota was over on the first day itself and then the lotto! Now when the H1 is approved they are too chicken and do not want to work!

    They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!

    So far two, any more in the same situation! :confused:

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.





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  • darsh678
    02-12 08:46 AM
    This is what i think as being optimist

    Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
    Even better will be if they have separate category and dont include in EB3.

    I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.


    This is very serious matter. EB community should strongly oppose
    It is time for Fight to Finish !





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  • msadiqali
    05-22 08:59 PM
    Not sure what the big deal is..those guys looted the world anyway..
    be happy that they are not thrown in jail..brain drain in these kind of activities is what is needed..put your brain to good use and not just in creating junk papers..





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    Dipika
    06-20 12:51 PM
    Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....

    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.



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