Wednesday, June 8, 2011

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  • pmamp
    12-21 10:51 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika

    As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.

    However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.

    The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.

    Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.

    Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.


    ~ happy travel




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  • tinuverma
    11-09 10:10 AM
    First, what is "diwali"? Are you just assuming that all members here understand your language and are same nationality?

    There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."


    Second,
    180 days after applying for AOS you can use AC21 and change job.
    Thanks. So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?




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  • oliTwist
    01-16 06:14 PM
    I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.


    Please vote up on our causes! Easy job..but please act!




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  • punjabi77
    10-08 12:13 AM
    Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
    I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
    Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
    Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
    But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
    Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.

    Someone please respond.



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  • ns007
    02-13 02:39 PM
    One of my friends got his passport back in 6th week.

    I would say, be persistent in contacting them. They are not very good at getting back to people - no accountability. Send emails and fax explaining your situation ....twice a day until they reply back.

    Hello Friends,

    My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.

    Thank you,

    ------------------------
    P.S : Yes, I have contributed to IV :)




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  • magician7989
    09-05 04:49 PM
    Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.



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  • lola
    08-21 06:27 PM
    apb,

    Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved

    Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.

    Itstimenow,

    How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.

    If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?




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  • desi3933
    03-16 12:08 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?


    >> Also, as per my understanding, You only get RFE when your PD is current

    Incorrect.
    RFE and I-485 denial can be issued even when PD is not current.



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  • anilsal
    11-06 10:09 PM
    http://www.change.gov/agenda/immigration/




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  • chanduv23
    07-27 04:04 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

    As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.

    Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.

    Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.

    People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.



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  • Sakthisagar
    11-09 01:21 PM
    Good Media trick indeed,...infosys is giving money for this too???

    If you see the cribbing happening just a visit from The US President to India.




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  • indianabacklog
    04-15 12:51 PM
    This action simply contradicts the entry on visa waiver. This allows people to visit (ONLY) with no intention of staying.

    Coming in before you know your L visa is going to be coming is fraudulent.

    If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.

    Have to say this person is going to need some assistance at some point to explain this away.



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  • aranya
    01-15 11:32 AM
    Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?




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  • slowwin
    07-09 11:48 AM
    Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. .

    It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D



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  • thakurrajiv
    11-10 12:22 PM
    I entered US using AP on this Sunday from Chicago.
    AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
    carry older passports if any.

    I also carried I-485 notice and EAD but was not asked for it.




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  • Prashanthi
    10-20 05:52 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?



    ************************************************** *********

    You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.



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  • SNLive999
    06-16 06:05 PM
    When I met IO at the Boston District USCIS, She typed in my 485 receipt # or A # on her system and looked at my file and said they already have my finger prints and she said why did you get FP notices again. She again looked at my file for few seconds and then she has written code 2 on our second(new) set of FP notices and asked us to give code 2 prints on scheduled date. ( Actually uscis requested code 3 on our new FP notices )

    She also said If Boston USCIS Application Support Center(ASC) takes our code 2 FP's then it is fine, otherwise if they say they already have our code 3 prints and refuse to take them again, the IO asked me to take a infopass and contact them again, so that boston distric office can make a phone call to ASC and sort out the issue.


    I did not apply for online EAD why do they need our code 2 finger prints. ??




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  • ksrk
    08-15 02:10 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om

    Hey Omved,
    If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.

    Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...

    The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.

    I honestly can't think of any other options...can you?

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.




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  • gsc999
    07-15 04:42 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion




    eb2_mumbai
    10-15 07:55 PM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality




    ghost
    06-22 03:25 PM
    Before this thread spirals into a controversial discussion, I'd like to clarify that some members may be desperate to see the results but they have to understand that it will take time. So be patient and please stop writing accusing posts, even if you mean it in a lighter vein. It will do no good to any of us.

    Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.

    Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.

    Mods, if possible, please delete the un-related messages from this post. Thanks!



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