Dakota Newfie
07-13 09:36 AM
Since the topic of giving preference to professional athletes has come up, I'd like to relay an the experience I had when I came to the U.S. for a job interview in August of '01; when going through U.S. customs at Logan Airport (this was pre 9/11), I was arbitrarily "singled out for interrogation" for TWO HOURS! During that time, a customs official made some small talk with me while we waited for the supervisor to arrive and he asked me if I was a hockey player (since I am Canadian) to which I replied "no"; he then informed me that was too bad because otherwise I would pass through without any problems or questions! Too bad they didn't "single out" Atta and the boys the same way two weeks later- or maybe they went through as hockey players!
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chanduv23
02-24 09:27 AM
Thank you theshiningsun and chanduv23.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Here is the whole meat - I have written about this probably 200 times.
You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.
If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.
Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.
In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.
AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.
Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.
Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.
If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Here is the whole meat - I have written about this probably 200 times.
You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.
If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.
Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.
In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.
AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.
Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.
Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.
If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.
kishdam
02-06 03:44 PM
Do you work for saicon.. I also signed something like this.
No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.
No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.
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rajmehrotra
12-21 02:07 PM
First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
more...
sanjeev_2004
10-04 02:10 PM
Saeed,
I 140 can processed through premioum process from last week.
Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.
sanjeev
I 140 can processed through premioum process from last week.
Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.
sanjeev
roseball
02-07 12:57 AM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
more...
styrum
03-14 02:09 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.
My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.
My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.
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sjhugoose
February 20th, 2004, 07:15 AM
I don't know about the wide angle lenses, but I don't think that would help that much in the dof problem you have.
Use this DOF calculator for your camera:
http://dfleming.ameranet.com/dofjs.html
The Sony at 38mm 12 inches away at f8 give you a near of of 11.8 and a far of 12.1. At 28mm 12 inches away you can get a near of 11.7 and far of 12.3.
If you play a bit with the calculator there, you can get an idea of the dof you can achieve with or without the wide angle lenses.
Olga
Olga,
I don't mean to step on your toes here but I think you've missed something. The sony is a 38mm equivalent. I believe its actually a 9.7mm-48.5mm lens and these numbers should be used for calculating the DOF, unless the calculator says otherwise. In this case you can obtain the DOF that Daniel desires and it may actually be easier with a digicam than with an SLR based camera. AHHH I thinkI just suggested a digicam is better than a SLR.
Scott
Use this DOF calculator for your camera:
http://dfleming.ameranet.com/dofjs.html
The Sony at 38mm 12 inches away at f8 give you a near of of 11.8 and a far of 12.1. At 28mm 12 inches away you can get a near of 11.7 and far of 12.3.
If you play a bit with the calculator there, you can get an idea of the dof you can achieve with or without the wide angle lenses.
Olga
Olga,
I don't mean to step on your toes here but I think you've missed something. The sony is a 38mm equivalent. I believe its actually a 9.7mm-48.5mm lens and these numbers should be used for calculating the DOF, unless the calculator says otherwise. In this case you can obtain the DOF that Daniel desires and it may actually be easier with a digicam than with an SLR based camera. AHHH I thinkI just suggested a digicam is better than a SLR.
Scott
more...
prasadn
04-08 08:21 PM
The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!
If it's easy enough, please remove "United States" as a choice in the list of countries.
If it's easy enough, please remove "United States" as a choice in the list of countries.
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bigboy007
06-21 10:49 AM
but why are you so sure your 140 will be denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected.
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
more...
Jaime
08-06 02:16 PM
On the money, perfectly described. good choice of words.
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
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valuablehurdle
02-23 04:14 PM
Can anyone tell me which are the states that have in-state tuition fees for the H4 visa holder? It maynot be an exhaustive list but atleast need to start somewhere... Pennsylvania does not allow it... and this is the reason it is becoming increasingly difficult for my wife to keep on studying on my salary.
Answers greatly appreciated...
Answers greatly appreciated...
more...
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sanju_dba
03-21 07:59 AM
Dear OP,
Congratulations!
read here MurthyDotCom : Marriage and I-485 Issues (http://www.murthy.com/news/UDmar485.html)
It might help exploring your issue.
Congratulations!
read here MurthyDotCom : Marriage and I-485 Issues (http://www.murthy.com/news/UDmar485.html)
It might help exploring your issue.
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new2gc
03-31 11:52 AM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations and take a big vacation and ....enjoy!!!
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations and take a big vacation and ....enjoy!!!
more...
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krithi
03-11 02:48 PM
u need nothing, AP and Passport are enough
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martinvisalaw
06-29 05:12 PM
Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.
Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.
Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.
more...
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WaitingForMyGC
06-25 09:56 AM
Bumping up.
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cbpds
09-01 07:12 PM
Even children in India are not looking after their parents properly as our parents looked after theirs.
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gc_maine2
05-24 08:36 AM
Good job Salil. Keep up the good work.
Harivinder
04-12 06:54 PM
Nice thoughts Harvinder,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi singhsa3,
Campaign on admin fixes was targeted towards White house and USCIS. I am talking about putting our point in from of big Software industries and them approaching Congress.
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi singhsa3,
Campaign on admin fixes was targeted towards White house and USCIS. I am talking about putting our point in from of big Software industries and them approaching Congress.
styrum
03-14 03:17 PM
You can travel back to India on an expired US VISA also.
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
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