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  • gcnotfiledyet
    03-16 05:54 PM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????


    If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.

    Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.





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  • abracadabra
    07-16 02:02 PM
    Interesting, in that case we all are approved :)
    Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
    I quizzed them about July 2007 revised visa bulletin etc.

    He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
    ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

    :-) May be NSC approves application :-) as practically NO ONE can stop them..

    Again this is based on my call to actual live human being at NSC..





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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so 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 are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    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:

    DHS - 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. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

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

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * 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:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * 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
    * 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 DHS-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. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    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.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





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  • eb3_nepa
    07-02 09:52 AM
    Pro "LEGAL" Immigration. End of story.



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  • chanduv23
    01-09 05:20 PM
    Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?

    A quick trip to Canada can solve this problem?

    This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.





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  • idd
    09-19 04:26 PM
    Originally posted by fadingblack

    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???

    yeh, i've wonder the same thing many a time. havent really gotten to use it, just a few times here and there. anything you can tell us about it?



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  • webm
    05-29 12:54 PM
    4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
    ---Yes depends on your H1 validity one can continue working although I-94 stamp paroled for 1yr validity expired ie AOS pending status will let you in and contine the work on H1 or EAD





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  • prout02
    08-13 07:49 PM
    My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.



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  • GC_1000Watt
    12-09 05:40 PM
    sorry didnt see the last 2 lines of your post starscream....

    i will talk to some lawyers and hopefully get some answers.

    my company said the appeal will take atleast 6-7 months nowadays...

    i can work till then without issues.

    Hi Sid,
    Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
    Thanks.





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  • indyanguy
    11-07 08:58 AM
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.

    Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.

    I will keep in mind what you suggested and will do more research before taking any action.



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  • kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.





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  • jonty_11
    08-01 01:16 PM
    looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....



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  • vbkris77
    12-27 02:25 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..





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  • srini1976
    07-09 08:14 AM
    If you havent already seen threads here about how bad the desi employers here in US can be, companies like Satyam, Infosys who are based in India have even worst reputation..they pay indian salaries and expect round the clock work including weekends..and ofcourse no pay..working at McDonalds is probably a better option than these companies...

    I had a very bad experience working for one of those companies and many more friends had similar experience.
    You are absolutely right my friend. And its certainly a better option to work at McDonalds :)



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  • kmdhar
    09-19 11:08 AM
    You can enter back into USA as long as your visa is valid in your passport(even on the day of expiry) and also you already got the extension, so that should not be a problem for you. But you cannot enter in to US just with your extension approval.
    To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.





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  • pellucid
    05-04 10:53 AM
    Non Premium: 60 days; Premium: 15 days

    If you have your case number, register the online status service, and you'll receive an email like the following when they receive your RFE:



    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRC071XXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Response to request for evidence received, and case processing has resumed.

    On May 4, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status & Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)



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  • jonty_11
    02-14 03:59 PM
    This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.





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  • istrategist
    03-19 10:54 PM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.





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  • ayumilove
    01-20 05:12 AM
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    raminmd
    08-14 05:00 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.





    anilsal
    11-26 05:28 PM
    Regarding surrendering I-94 upon departure, it has happened that the airline agent forgets to take it out.

    On your return it is removed and a fresh one is given at port of entry (no questions asked).



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