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  • glus
    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris
    Kris,
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

    Regards,





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  • amitjoey
    05-03 12:05 PM
    I have few united air miles, which I can donate.

    Thanks ruby, get in touch with pappu or the core team. PM Pappu.





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  • shivarajan
    04-30 01:57 AM
    I just applied for my little one yesterday.

    fingers crossed!

    Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!





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  • h1techSlave
    07-19 01:22 PM
    one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
    In the immigration world, 5 years is like 5 centuries.:)



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  • ganguteli
    03-02 03:34 PM
    Its pathetic that nobody is looking at this thread. IV should not be wasting its time and effort on people who are ungrateful and do not value it. They are more happy picking up fights with each other and spending time on threads that do not do any help





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  • Blog Feeds
    04-26 11:30 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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  • windycloud
    05-24 12:03 PM
    I'm in. I don't mind providing my information. This is a procedural confrontation, we can't take our proper position in such while trying to remain anonymous. So we are still doing a group letter, correct? Thank you.





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  • mdross2
    11-16 01:19 PM
    Hi All

    I have a query, Maybe some of the experts here can help me out.

    1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
    2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
    3. In 2006 I switched to company C. (I have the original for I-797A)

    All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.


    Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)

    Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?

    Thanks.



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  • jsb
    12-31 11:31 AM
    Once again Thanks, Bestin.

    I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.

    I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.

    I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?

    Why you need to keep your EAD current? If you are working on H1, you don't even need an EAD, and don't even need to renew it. You can reapply when you are about to go out of your H1. If your wife wants to work, then, of course, both of you have to be on EAD.





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  • pappu
    07-01 10:00 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.



    kiyun be langde chutiye teri gand me itna dard kyun ho raha hai......
    chutiya loog chitiya suggestions...chal gandu salla...

    We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.

    Your posts were deleted due to the following reason:
    - Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
    - Do not create action items without consulting IV.
    - You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.

    If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.



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  • lifestrikes
    03-10 10:09 AM
    Nightly News: U.S. losing immigrant brainpower - Business - Consumer news - U.S. business - msnbc.com (http://www.msnbc.msn.com/id/41894670/ns/business-consumer_news/)





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  • willgetgc2005
    01-25 08:37 PM
    Hello,

    I have a profile for online case status monitoring and because I attempted
    logins with wrong password, I am locked out.

    I get the following message:

    Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.


    Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.

    Thanks in advance.



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  • raj3078
    08-21 10:32 AM
    Mine was transferred to Denver where I live now .....It happened on Aug 11th...No movement on it since....PD in Aug 2005....EB2 following is the reason given....I am tired of waiting and I am having Infopass tomorrow.....Will update you guys....

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.





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  • jackisback
    06-03 04:22 PM
    I am not sure. That is why I am asking for inputs if someone has done this.
    Is it required for an AC-21 case or optional?



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  • desi3933
    07-13 12:28 PM
    I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

    So you "paid" taxes, could you please explain how it is legal?





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  • validIV
    03-25 01:09 PM
    Iam actually not out of status...i will be instatus for 2 more months ....

    If my dream of concurrent in 2009...i will be glad to apply 485.

    Thanks


    You are H-1 and unemployed for 4 weeks? How are you in status?



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  • makemygc
    06-22 11:16 AM
    you need pdf writer, use demo.

    I don't think it's anything to do with pdf writer. If he is asking about forms like I-485, G-325 A etc..those have pdf security enable and wont allow you to save it. Whereas if you try I-693 form (for medical), that will allow you to save the form even if you do not have pdf writer.





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  • sunny1000
    11-29 08:15 PM
    I was in a similar situation.. not exaclty the same...
    I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.

    - I called my unversity and asked them to send me a detail syallbus of the courses I attended
    - A letter from a third part evaluator
    - An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
    - A detailed letter from the attorney.

    looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.

    Just out of curiosity, how can they issue intent to deny to an approved 140?





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  • funny
    08-13 01:19 PM
    Hi Funny,

    When were your respective I140s approved ? Were they with the same or different employer ?

    Same employer, both of them were approved around mid 2007.





    mchundi
    04-10 12:04 PM
    For a change I was listening to Rush today. Interestingly he was very neutral about Bush's proposal. He thinks the new proposal is to the conservative's liking, but not sure how this will be implemented. Bush's push is our last hope this year. Nancy Pelosi does not want to take up any immigration bill that is not likely to pass(afraid of failure).
    --MC





    bluesandrams
    12-16 10:52 AM
    http://www.indianexpress.com/sunday/story/250682.html


    THE BRAIN RAIN
    PALLAVI SINGH
    Posted online: Sunday, December 16, 2007 at 0000 hrs Print Email
    Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema.

    Related Stories

    MOON VILLAGEGREEN BUCKSBARGAIN BRIDESNIGHT WITHOUT ENDBang for the buck

    Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema. Every morning while cycling his way to his tiny office at the Indian Institute of Technology-Delhi (IIT-D), he mingles with his students. In fact, he�s often mistaken for one. But he dispels the impression with a firm, �I�m here to teach.�

    And if you ask his seniors at the institute, this simple statement from the US-returned electrical engineer means a lot to IIT-D these days.

    Contrary to what most IITians with a BTech degree in hand and a foreign stamp on their post-graduate degrees did in the 1980s and �90s, Chatterjee abandoned his dollar dreams at the Silicon Laboratories in the United States to join the institute in November last year. A PhD from Columbia University in New York, Chatterjee says he knew all along that teaching and research were his �true calling�.

    He is not alone. The 38 other men and women who have filled up faculty positions at IIT-D in the last 18 months, would agree. The new recruits, many of them under 35, reflect a trend that is slowly picking up across all the IITs. Most of those who have joined are either first-time teachers or have taken to teaching after a few years of experience in the industry.

    For 32-year-old Anirban Mahanti, for example, teaching at IIT-D is a job change for the better. The shift from a three-year-stint as an assistant professor at the University of Calgary in Canada to teaching at IIT-D may have meant a �big downer� financially but in terms of freedom in research work, the gain, he says, cannot be translated into monetary terms. �In industry-based research, you just do what the company wants you to do. Here at IIT, we set our own pace and do what we want to do,� he adds.

    While Prof Bijendra N Jain, Deputy Director (Faculty) at IIT-D, insists that the emphasis on recruiting young faculty is not new, he admits much is being done to �incentivise� the lot.

    This month, IIT-D introduced the Outstanding Young Faculty Fellowships. The fellowships, currently numbering 26, offer Rs 1 lakh per annum to the select faculty for a period of five years. Jain says IIT-D hopes to launch about 500 such fellowships in the next five years.

    �Creating fellowships are most important to us now than anything else. Return on money invested in a young faculty usually exceeds everything else. They are young, enthusiastic and several of them have left lucrative jobs abroad to join us,� says Prof Jain.

    The institute has also asked the Department of Science of Technology under the Ministry of Science and Technology to launch at least a thousand fellowships for young science teachers across the country.

    Similar efforts were made at IIT-Bombay when the institute announced a signing bonus of Rs 3 lakh for its new faculty with help from its alumni. It even significantly increased seed research grants to Rs 10 lakh to new faculty members from Rs 3 lakh in previous years.

    Educationists say compensation packages are the need of the hour to build a pool of young teachers as a large number of faculties across IITs, hired at a time they were being set up in the 1950s and 1960s in anticipation of excellence in science and engineering education, are nearing retirement.

    �The faculty was recruited some 30 years ago. Only a few years ago, we realised the fact that many of them would be retiring,� explains MS Ananth, director, IIT-Madras.

    While IIT-Bombay has a faculty strength of 420 with about 100 vacant positions, it is not alone. Figures at the seven IITs reveals an estimated, cumulative shortage of at least 900 faculty members.

    At IIT-D, about 20 percent of faculty positions are vacant. Further, according to a report prepared by its alumni association in 2004, more than 20 per cent of its most experienced faculty would retire in the next seven years.

    The shortage is most acute in IIT Roorkee, which has a sanctioned strength of 575 but only 345 on the rolls.

    So, IIT-D, along with IIT-Kanpur, IIT-Roorkee and IIT-Madras, has standing advertisements for faculty positions in all departments. And, the progress has been �good� as against a �dull response�� until a couple of years ago. �About 50 per cent of the applications we receive now are from teachers settled abroad. They all want to teach at IITs,� says Prof Jain of IIT-D.

    The recent recruitments have pushed the number of teachers aged under 35 from 15 to over 30 at IIT-D and �Brand India� is one of the reasons behind the rising numbers.

    In the 1990s, Prof K Achuta Rao, now 43, would come looking for research jobs in the field of climate change in vain. �Two things have happened since. First, the Government is encouraging quality research and second, a great research pool is being created here with the advent of big research labs setting up shop here. This is the time to be in India and be part of the changes it is undergoing,�� says Rao who joined IIT-D this June after working in the US for over two decades.

    While Rao�s decision to come back to India took two decades, young IITians have decided pretty early. Statistics show that only three of IIT-Kanpur�s 273 BTech students and two from the integrated MSc course went abroad last year. All others�267 MTech students, two-year MSc grads and MBA�-stayed back in the country. In Delhi, of the 1,000-odd job seekers, only one student went abroad to join a financial consulting firm. At IIT Mumbai, 95 per cent of the students were placed in India while in Madras, only two BTech students went abroad.

    But the lot willing to take up teaching and research is �still a faraway dream,� says Mahanti. �You can�t say that the US hangover is over. But there has been some sort of reverse drain. That doesn�t mean we should no longer be worrying about brain drain,� he cautions.



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