irrational
06-29 10:13 PM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
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raysaikat
05-31 12:18 AM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
srinivas_o
08-11 10:28 AM
I moved from Austin to Dallas and changed my address online using AR-11 and also updated the pending I-485 with the new address online. It was very easy and within a week I got a letter from USCIS saying that my address is updated on the application. As others said it is by law to inform the change of address in 10 or 11 days after the move. I don't think you have to worry about any delays if you change the address.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
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pak
07-12 02:46 PM
I have seen many times Mr. Frank Pallone raising money from Indian community in NJ.
http://www.house.gov/pallone/
Other Caucuses on Which Congressman Pallone Serves
Caucus on India and Indian Americans, Founder, former Co-chair
Coalition for Autism Research and Education
Congressional Arts Caucus
Congressional Asian Pacific American Caucus
Congressional Brain Injury Task Force
Congressional Caucus for Women's Issues
http://www.house.gov/pallone/
Other Caucuses on Which Congressman Pallone Serves
Caucus on India and Indian Americans, Founder, former Co-chair
Coalition for Autism Research and Education
Congressional Arts Caucus
Congressional Asian Pacific American Caucus
Congressional Brain Injury Task Force
Congressional Caucus for Women's Issues
more...
abhijitp
11-14 09:19 PM
Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
Anders �stberg
May 1st, 2005, 01:04 PM
Thanks Nick!
I basically used my bird settings, I think I should probably lower the shutter speed a little, don't know how much though as I don't like blurry shots. I would like to be able to do panning with long shutter times but I'm really bad at it, the few times I've tried everything is blurry.
EDIT: Lens was 300/2.8L IS, my favourite, I went to this practice track mainly to get to use it again as it has been sitting on a shelf for a while, waiting for some summer sports. :)
I basically used my bird settings, I think I should probably lower the shutter speed a little, don't know how much though as I don't like blurry shots. I would like to be able to do panning with long shutter times but I'm really bad at it, the few times I've tried everything is blurry.
EDIT: Lens was 300/2.8L IS, my favourite, I went to this practice track mainly to get to use it again as it has been sitting on a shelf for a while, waiting for some summer sports. :)
more...
lostinbeta
10-21 02:15 AM
Haha, not with my luck though :(
Dead shows??????
:::asks as this thread gets completely off topic:::
Dead shows??????
:::asks as this thread gets completely off topic:::
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aillarramendi
11-12 08:45 PM
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I hope this can help.
more...
Macaca
02-06 06:43 PM
How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
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anilsal
10-30 11:49 PM
When there is a merger, there are no issues. I am presuming that when there are spin offs, there are no issues. Since you are working for atleast one of the original partners, you may show that it is a spin-off or a smaller firm out of the bigger firm or something like that. I am no attorney.
Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.
Get to an attorney at the earliest.
Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.
Get to an attorney at the earliest.
more...
thomachan72
09-19 05:03 PM
I agree most probably you were granted the visa and I can understand why you did not ask the lady whether you were granted the visa or not. It can become very intimidating and painful when dealing with people who use such positions to harass others. They tend to put all their troubles onto the folks who have to come before them helpless. There are avenues to complain but really does that help?
Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.
Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.
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va_12_2004
07-19 08:42 PM
First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.
The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.
I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.
We will win at the end, because we have not done anything wrong. Just keep unity.
Thanks
I contributed $150
The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.
I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.
We will win at the end, because we have not done anything wrong. Just keep unity.
Thanks
I contributed $150
more...
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Ramba
05-04 05:37 PM
If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
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gapala
07-10 03:15 PM
Hi Dhundhun,
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
more...
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a_yaja
07-25 12:26 PM
Hi,
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).
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raama123
02-25 11:22 PM
I was registered first time in last 6years this forum.i did not expect answers from this forum like arrogant,if you are not interested don't give reply like below,even you don't know about issue to answer,why you are giving unnecessary.
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
more...
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silibili
05-03 11:20 AM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
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mdmd10
09-11 03:59 PM
Just voted. I am still waiting for a miracle.
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sk8er
04-16 09:04 PM
I cannot read the above post
GCwaitforever
06-30 06:01 PM
Should not the mere fact of finding a substitute person for the labor petition invalidate the labor petition itself? The idea of labor petition meant to indicate non-availability of local talent (which includes H-1Bs already present?)... This is a contradiction in substitute labor petitions.
priderock
05-08 11:41 AM
Atleast home countries recognize our potential.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
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