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  • ImmiQ
    11-30 07:06 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    Man, you make me laugh :D :D :D





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  • PD_Dec2002
    03-08 11:18 PM
    Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

    I am also copy pasting the same content if you cannot open my link.

    How to record departure from the United States after the fact.
    Question: I did not turn in my I-94 when I left the U.S., what should I do?
    Answer:

    If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

    If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    * ACS - CBP SBU
    * 1084 South Laurel Road
    * London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    *
    Original boarding passes you used to depart the United States;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:
    *
    o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    o Dated bank records showing transactions to indicate you were in another country after you left the United States,
    o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    Regards,
    Jayant





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  • javadeveloper
    05-27 04:54 PM
    I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.

    What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!

    Our discussion should be like this

    a)I-140+Interfile together

    Pros:
    1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
    ..

    Cons:
    1.If I-140 gets denied I-485 gets denied
    ..


    b)Interfile after I-140 approval

    Pros:
    1.No harm to I-485 If 140 gets denied
    ..

    Cons:
    1.takes more time to get GC
    ...

    Add more pros and cons to each scenario...





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  • karthic
    12-18 03:53 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.



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  • xela
    11-12 06:47 PM
    So for the non german speaking, we are simply biting on granite...oh well I lost my teeth doing that for the last 6 years...so I guess I keep biting ;-)





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  • chanduv23
    11-17 09:40 AM
    I got mine using EAD last year at Baytown, TX - I would say, it is one of the coolest DPS in Houston. All they need is your EAD and old license.

    The license would state that you are a temporary visitor and your status expires the day your EAD expires. Around the EAd expiry time, you get a notice that your drivers license will be invalid if you do not update the DPS with your new status information.

    I got greened in September, but still using the same old license as it is valid till September 2011.



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  • uma001
    06-23 09:10 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.





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  • ayaskant
    02-01 09:48 AM
    I updated my profile with the information I know.



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  • radhay
    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.





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  • fadingblack
    09-19 06:29 AM
    Well, you have been helpfull. I was afraid this answer would come up. I cannot find a manual even in the shops. Anyway if you were so kind to look for one for me i'd apreciate that so much, because mos of the books about software are written in english, and here, for programs such painter, wich are not really that popular as photoshop is really hard to find something. Maybe if you gave me a title i could buy through internet.

    Oh, and i wish i had buy it! A friend of mine told me about it and made a copy for me for testing. (not pretty legal, i know, but if i like the soft i finally buy it. I only need to check it in advance, because my salary is not that big to buy just for checking. Sure you know what i mean :P )

    Anyway, do you think is that good to buy it or do you think you can do the same stuff with photoshop?? I'm afraid painter is much powerfurl in some aspects. What do you think, as owner of painter 6 and a manual???



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  • hmehta
    09-11 10:43 PM
    If the incumbents really care about being re-elected, they really need to do something over the next 30-40 days. All major news channels are already touting the current congress as a "do-nothing congress". And probably not only their re-election is at stake, if we look at a bigger picture, for some of them even their political career might be stalled!

    Ofcourse, there is no gurantee that some kind of immigration bill will pass, but we should not lose hope at this point.





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  • ssdtm
    11-06 02:23 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.



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  • greencardfever
    06-16 09:53 PM
    I contacted University Y, but they said they don't keep I-20 copies that are 7 years old.

    But you're saying that if I contact SEVIS, they should be able to give me a copy of my University Y I-20?





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  • rockstart
    06-15 12:42 PM
    Most of the info you are asking is already available on IV Wiki. Please refer the relevant sections


    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.
    Zimmyneuro



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  • eeezzz
    10-09 04:14 PM
    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.

    I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.

    Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.





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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?



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  • 4yourforGC
    04-02 09:57 AM
    thanks, radhagd and md2003. yes, we've had a very long discussion about porting PD after two I-140 approved in this board. but seems nobody had this done successfully. So I wonder which way is worth to keep, EB3 with earlier PD (but my EB3 LC has not been started even recruiting processing yet) or EB2 in case I am already in 140 pending stage (in our company, to pursue EB3, I will have to cancel EB2)? any comments on this?

    thanks





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  • PD_Dec2002
    06-12 03:55 PM
    up

    If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.

    As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.

    You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

    Good luck.

    Thanks,
    Jayant





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  • sai
    12-31 08:00 AM
    Did S.1932 say that we have to wait for I-140 approval to apply for I485 ?
    There was lot of discussion regarding this in immigrationportal.com S.1932 thread but I did not know the actual facts.





    j751
    07-17 03:19 PM
    Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....





    hydboy77
    11-17 06:51 PM
    As a student who came here myself and understand the huge investment they have to make to come here to study in US, I fell sorry for these students and there parents. With the draconian restrictions imposed by uscis and certain senators many of these kids will not have an oportunity to work in US. I am not sure how they will be able to repay the huge loans they are taking to pay the fees to US universities



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