sdrblr
11-01 10:07 PM
You do NOT need a mexican visa for Indian citizens if you satisfy the below
1) Stay less than 72 hrs
2) stay with in 40 km from the US border
Get a Mexican Permit (alternate to a visa)... Permit is just a piece of paper, the Mexican immigration officer do not even stamp your passport with an entry stamp. I had been to Mexico to get my US visa stamped and I never got a mexican visa.
Hope this helps.
Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.
The blog also states that you can ask for I94 at the port of entry. Please google for the blog.
Edit: This is the blog http://tijuanatrip.blogspot.com/
1) Stay less than 72 hrs
2) stay with in 40 km from the US border
Get a Mexican Permit (alternate to a visa)... Permit is just a piece of paper, the Mexican immigration officer do not even stamp your passport with an entry stamp. I had been to Mexico to get my US visa stamped and I never got a mexican visa.
Hope this helps.
Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.
The blog also states that you can ask for I94 at the port of entry. Please google for the blog.
Edit: This is the blog http://tijuanatrip.blogspot.com/
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Blog Feeds
05-28 01:20 AM
They say that America is the land of opportunity, and therefore, so many people desire to Immigrate to this country.
Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.
When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.
The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.
When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.
Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.
My 2 cents.
More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)
Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.
When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.
The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.
When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.
Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.
My 2 cents.
More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)
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rtarar
02-12 07:21 AM
I am a july 2 nd filer.
No FP yet.
No FP yet.
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zimmy100
03-24 12:30 PM
Friends,
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
more...
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nozerd
01-20 11:51 AM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
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pyrosleepy
12-07 11:45 AM
Validation Error(s)
You must correct the following error(s) before proceeding:
* Case Status Retrieval Failed
* This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.
I have been getting the above message when I try to get a case status online for my I-140.
I filed concurrently for I-140, I-485 with EAD and AP on Aug 15th at TSC (EB3) and received receipt notices on 10/14/07 for all of the above applications. I also can get case status online successfully for the other 3 applications.
My attorney contacted USCIS (as they said that I cannot inquire on the I-140 and that it can only be the employer or the attorney) and they (USCIS) said they can see my case on their system but don't know why I cannot.
Is anybody in the same boat as I am? Should I be worried that I cannot get online status even after 8 weeks from the time the reciept notices were issued? Any advice/input is greatly appreciated.
I have the same situation. I received my Receipt Notice from Vermont Center for my H1-B extension but get the same error message from their website and phone. I am worried if those guys put aside my file and forgot to enter it in their system.
You must correct the following error(s) before proceeding:
* Case Status Retrieval Failed
* This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.
I have been getting the above message when I try to get a case status online for my I-140.
I filed concurrently for I-140, I-485 with EAD and AP on Aug 15th at TSC (EB3) and received receipt notices on 10/14/07 for all of the above applications. I also can get case status online successfully for the other 3 applications.
My attorney contacted USCIS (as they said that I cannot inquire on the I-140 and that it can only be the employer or the attorney) and they (USCIS) said they can see my case on their system but don't know why I cannot.
Is anybody in the same boat as I am? Should I be worried that I cannot get online status even after 8 weeks from the time the reciept notices were issued? Any advice/input is greatly appreciated.
I have the same situation. I received my Receipt Notice from Vermont Center for my H1-B extension but get the same error message from their website and phone. I am worried if those guys put aside my file and forgot to enter it in their system.
more...
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dc2007
07-31 08:17 PM
I am in the same boat.
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
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indyanguy
06-18 02:22 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
more...
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same_old_guy
10-25 01:55 PM
I said the same thing. I WILL NOT spend $1000 for nothing when my PD is not current.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
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laborchic
10-06 11:39 AM
Its an honor to have such prestigious members on IV Advisory boards..
Great to know that we are in good hands..
Great to know that we are in good hands..
more...
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ras
03-17 02:45 PM
We hear a lot about good credit.. but not a very good understanding of what it means
So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..
So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..
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immigrationSantosh
02-08 04:29 PM
I found one group -
EmployementLawGroup.net
And they are asking me
- $195 for a 30 minute phone consultation
- $395 for a 60 minute phone or in-office consultation
I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them.
For the time being I'm going ahead with them - If you guys know please advise me.
( I'm really not earned/earning much )
EmployementLawGroup.net
And they are asking me
- $195 for a 30 minute phone consultation
- $395 for a 60 minute phone or in-office consultation
I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them.
For the time being I'm going ahead with them - If you guys know please advise me.
( I'm really not earned/earning much )
more...
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langagadu
10-04 04:10 PM
Finally Green?????
Did you check the email properly????
You are probably getting exited for the 'Reputation' green in this forum after so many REDS?? ;););)
Did you check the email properly????
You are probably getting exited for the 'Reputation' green in this forum after so many REDS?? ;););)
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leoindiano
10-02 08:54 AM
I don't know why the guy brought up sarah palin when discussing joe biden. is it a must that something should be said about her for every gaffee that joe makes?remember how the congressman was sent packing after the macaca comment. why no outcry on this 7-11 comment? double standard?
I am sorry if i offended you.....;) The title says VP candidate, so it is relevant...
Please correct your signature, It was Sept 17th Rally not Sept 7th
I am sorry if i offended you.....;) The title says VP candidate, so it is relevant...
Please correct your signature, It was Sept 17th Rally not Sept 7th
more...
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venkybr
09-05 08:07 AM
I am July 2 filer. My EAD and AP was filed later in August. I got my EAD and AP receipts but I am yet to get I-485 receipt. Has this happened to anybody else? Is it possible to get 485 case number from the EAD or AP case numbers?
Same here, filed for EAD/AP in August and got the receipts from NSC. But no receipts yet for 485 filed on July 11 at NSC. Where did you file your 485 and EAD/AP?
Same here, filed for EAD/AP in August and got the receipts from NSC. But no receipts yet for 485 filed on July 11 at NSC. Where did you file your 485 and EAD/AP?
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Irs
02-10 01:43 PM
key note....Document and have everything in writing/email/recording...
more...
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VisaHelp
07-26 09:27 AM
Sure. It was an H1B transfer application. So, the RFE asked for pay stubs with company A. Also asked, if applicable, for company B's pay stubs. W2s for the whole time I was in H1 status. And my last six tax returns.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
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looneytunezez
07-31 06:47 PM
i see dead applications.....
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Raj_2009
12-16 03:37 PM
Hi experts,
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
TO BE OR NO TO BE
05-17 07:37 PM
Hi Everyone,
My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).
Now my question is:
If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.
I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.
Has anybody in this forum experienced the same situation?
Please let me know.
Thanks!
My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).
Now my question is:
If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.
I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.
Has anybody in this forum experienced the same situation?
Please let me know.
Thanks!
suny_saini
08-05 11:46 PM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
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