GCard_Dream
04-05 06:18 PM
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
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gdhiren
05-08 10:24 AM
There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.
Ann Ruben
02-24 02:59 PM
Raama,
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
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transpass
09-28 12:48 PM
This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
more...
DSLStart
09-19 02:53 PM
It takes some time for VFS to receive passport from embassy. Sometimes 3/4 days.
But didn't you ask her if you were granted visa or not? If they retained your passport thats tell that visa is issued. Also keep tracking via SMS, that seems to be more accurate. Keep us posted here. Good luck.
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
But didn't you ask her if you were granted visa or not? If they retained your passport thats tell that visa is issued. Also keep tracking via SMS, that seems to be more accurate. Keep us posted here. Good luck.
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
vrbest
01-21 09:04 PM
Thanks "LostInGCProcess". This clarifies my doubt..Ksrk: One of my friend had asked his lawyer and they said we can be on H1B even if we used AP..
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
more...
go_guy123
03-30 02:06 PM
A former colleague of mine from B'Desh got his GC in 14 weeks.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
That is exactly the reason why per country quota removal is a difficult task. ROW has lots at stake in ensuring that per country quota is not removed. Fighting for a bigger pie is easier than fighting for a greater slice of the pie.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
That is exactly the reason why per country quota removal is a difficult task. ROW has lots at stake in ensuring that per country quota is not removed. Fighting for a bigger pie is easier than fighting for a greater slice of the pie.
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sandy_anand
04-07 09:42 AM
I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)
Thanks :)
Thanks :)
more...
RedHat
08-30 05:01 PM
What is Sub-Labor?
I field my GC thru Very good company.
I am not understanding why its happend
I field my GC thru Very good company.
I am not understanding why its happend
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gcformeornot
01-22 03:22 PM
Hello,
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
more...
cool_desi_gc
03-06 11:04 PM
You will get an RFE from USCIS.You can reply to the RFE with the Medicals.
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VMH_GC
12-15 02:19 PM
I guess the officer did the right thing. In my opinion you don't have to worry about this. Tear the i-94 from your 797 and send it to lawyer along with your original i-94.
more...
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abhay
10-30 09:14 AM
Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.
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h1bnogc
07-12 10:31 PM
Please respond to my question/options...this is very urgent and important given that PD is moving very fast....
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frostrated
09-03 02:01 PM
Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.
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sixburgh
06-28 05:50 PM
Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
more...
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lostinbeta
10-04 12:18 AM
I use the rectangle marquee tool. I guess it all depends on personal preference. If you use the rectangle shape tool you will have to right click on the layer and hit "Rasterize Layer" to be able to edit the object.
If you use the marquee tool you just have to fill it with paint and everything is set.
Not to mention, if you use the shape tool, it automatically creates the shape on a new layer, but if you use the marquee tool, your fill color will end up on the layer you currently have selected.
Let me know how everything goes :)
If you use the marquee tool you just have to fill it with paint and everything is set.
Not to mention, if you use the shape tool, it automatically creates the shape on a new layer, but if you use the marquee tool, your fill color will end up on the layer you currently have selected.
Let me know how everything goes :)
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lostinbeta
10-04 12:10 AM
Ok, Hold the CTRL key on your keyboard then click on the layer that contains your original rectangle.
Like where it says, make sure you have the marquee tool active in the tools menu on the left side, otherwise the rest won't work. The marquee tool is the first tool on the upper left hand side. It is a dotted rectangle.
Press the up arrow once and the left arrow once (on your keyboard)
Create a new layer...self explanitory
Fill it with white... self explanitory
Hold CTRL again and select the layer with your original rectangle again. Like you did earlier in this step. Make sure the new layer you created with the white fill is still active (it will be blue or something ,you will know if it is selected).
Hit the delete key on your keyboard (or go to edit/cut or something, it also might be backspace on a MAC).
Deselect with CTRL+D - self explanitory
Now the next part of this I don't really agree with. Just keep the lines layer selected and use the down and right arrows on your keyboard to move it into place so it looks like the image in the tutorial.
Hope this helps. That was only step 2! If you have any questions about the other steps, just post I guess :)
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Like where it says, make sure you have the marquee tool active in the tools menu on the left side, otherwise the rest won't work. The marquee tool is the first tool on the upper left hand side. It is a dotted rectangle.
Press the up arrow once and the left arrow once (on your keyboard)
Create a new layer...self explanitory
Fill it with white... self explanitory
Hold CTRL again and select the layer with your original rectangle again. Like you did earlier in this step. Make sure the new layer you created with the white fill is still active (it will be blue or something ,you will know if it is selected).
Hit the delete key on your keyboard (or go to edit/cut or something, it also might be backspace on a MAC).
Deselect with CTRL+D - self explanitory
Now the next part of this I don't really agree with. Just keep the lines layer selected and use the down and right arrows on your keyboard to move it into place so it looks like the image in the tutorial.
Hope this helps. That was only step 2! If you have any questions about the other steps, just post I guess :)
mmm, photoshop......... its the best. I eat it for breakfast, lunch and dinner:)
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webm
04-01 03:46 PM
I faced there are times that Email notification trigger didn't worked as expected.:(
gc_kaavaali
12-10 07:51 PM
that is why we need work together to get our GC soon....IV is working to remove GC delays...but it cannot do alone because IV is US...Please consider contributing to IV...so that we can get our GC soon...for more details please follow below link...
http://immigrationvoice.org/forum/showthread.php?t=15905
http://immigrationvoice.org/forum/showthread.php?t=15905
gccovet
05-22 07:42 AM
in early April..... before FP....
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet