Rajwaitingon140
12-18 12:21 AM
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
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dealsnet
08-04 02:04 PM
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
lkapildev
01-10 04:19 PM
LC Sub pd 2001 EB2
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aranya
07-03 05:30 PM
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
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eilsoe
10-03 01:15 PM
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GCBy3000
01-14 12:52 PM
Only H1 reform is likely by feb 15th.
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lynchbaby
03-09 01:08 PM
In similar context I have a few questions...
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
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joydiptac
05-25 02:01 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
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jettu77
03-13 01:14 PM
Congratulations!
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dontcareanymore
07-30 04:15 AM
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
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gc_chahiye
11-27 04:12 PM
Hello GC_Chaiye,
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
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solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
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arsh007
04-14 07:22 PM
Hey all,
I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.
I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )
I have another job offer (permanent) from a company in bedford, boston.
The problem is they (like most) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No promises. :confused:
So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it risk?)
2. I may not be able to port PD from my current employer as my I140 is still ending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the other employer will wait). besides I am doubtful if I can get a copy of the 140 approval.
3. Another option I can think of is, give up this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch. Is this even a practical option?
Appreciate any opinions.
I would go with option 3 based on your current situation. Getting your 3 year H1 extension after I-140 approval should be your objective. You can always switch companies after getting the 3 year extension, restart your GC process (PERM and new I-140) and port your PD from the approved I-140. Good Luck.
I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.
I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )
I have another job offer (permanent) from a company in bedford, boston.
The problem is they (like most) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No promises. :confused:
So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it risk?)
2. I may not be able to port PD from my current employer as my I140 is still ending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the other employer will wait). besides I am doubtful if I can get a copy of the 140 approval.
3. Another option I can think of is, give up this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch. Is this even a practical option?
Appreciate any opinions.
I would go with option 3 based on your current situation. Getting your 3 year H1 extension after I-140 approval should be your objective. You can always switch companies after getting the 3 year extension, restart your GC process (PERM and new I-140) and port your PD from the approved I-140. Good Luck.
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gsc999
01-19 02:35 PM
Bump
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Libra
09-15 10:39 PM
I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........
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sanprabhu
02-23 01:22 PM
Yes. And they get instate tuition rates too in many states.
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DDash
03-28 03:57 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
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xu1
09-12 07:08 PM
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
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optimist
06-23 03:07 PM
...I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Keeping immigration aside, if you think getting married will save you any headaches, you are setting yourself up for some big surprises buddy :D
Jokes apart, indeed the fastest route to a GC is by applying as spouse of a US Citizen. If that is an option for you, GO FOR IT!
Keeping immigration aside, if you think getting married will save you any headaches, you are setting yourself up for some big surprises buddy :D
Jokes apart, indeed the fastest route to a GC is by applying as spouse of a US Citizen. If that is an option for you, GO FOR IT!
morchu
06-26 12:19 PM
Another option is to negotiate a deal with the new (prospective) employer, to pay those fees to the recruiter/old employer.
For example if an employer payed for your air-ticket/relocation, expecting that you will stay, and if you leave the employer the very first week, I believe it is very reasonable from your side, to refund the employer his expense (whatever the law is). And since you may not want to loose money from your pocket, ask the next employer (who is really going to benefit by your arrival) to carry that expense.
The laws are sometimes more strict towards the employer. It is kept purposely like that to avoid employers taking advantage of employees (employer being the stronger side). But we should try NOT to not mis-use this advantage , towards reasonable employers.
For example if an employer payed for your air-ticket/relocation, expecting that you will stay, and if you leave the employer the very first week, I believe it is very reasonable from your side, to refund the employer his expense (whatever the law is). And since you may not want to loose money from your pocket, ask the next employer (who is really going to benefit by your arrival) to carry that expense.
The laws are sometimes more strict towards the employer. It is kept purposely like that to avoid employers taking advantage of employees (employer being the stronger side). But we should try NOT to not mis-use this advantage , towards reasonable employers.
vxb2004
11-26 11:32 AM
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
Kris,
Thank you very much. Appreciate your input.
Good Luck
HTH
kris
Kris,
Thank you very much. Appreciate your input.
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