Friday, June 10, 2011

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  • PD_Dec2002
    03-08 11:18 PM
    Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

    I am also copy pasting the same content if you cannot open my link.

    How to record departure from the United States after the fact.
    Question: I did not turn in my I-94 when I left the U.S., what should I do?
    Answer:

    If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

    If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs 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 failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    * ACS - 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.

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

    *
    Original boarding passes you used to depart the United States;
    * 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:
    *
    o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    o Dated bank records showing transactions to indicate you were in another country after you left the United States,
    o 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
    o 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 ACS-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.

    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.

    Regards,
    Jayant




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  • hotshots
    06-04 10:37 AM
    From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis

    Unreasonable H-1 requests from CIS

    USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:

    Quote:
    Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.

    As with most things dished out by USCIS, we are dealing with it.




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  • skpanda
    05-17 07:03 PM
    This is a tricky situation. I would suggest you consult your attorney.

    Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.

    In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.

    Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!

    Please update here about any new developments in your case!!

    All the very best!


    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help




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  • jamsumfarray
    11-17 06:34 PM
    i just got a letter from teh backlog center stating that i need to send advertisement from my company?
    any one has any idea about this non rir case how does it move etc any information is really needful ..
    thanks
    hence i cant change from non rir to rir .



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  • sw33t
    11-05 01:02 PM
    bump




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  • coolgc
    05-08 02:51 PM
    Thank you, Dallasdude!



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  • avi
    02-15 02:05 PM
    I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.

    If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??

    Or

    Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.

    Please advise.

    If you have completed your 180 days with your 'parent' company.. then you are safe!
    It's safer to get H1 transfer as mentioned by seltzer above

    Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!

    I'm going through that process right now!




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  • nivasch
    02-09 02:27 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.



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  • fatjoe
    10-23 08:38 AM
    I filed 485 on July 18 in NSC. I called USCIS on Oct 16 (exactly the 90th day), early in the morning. 1-800-375-5283(1,2,2,6,2,2,1). The lady who picked up said they have introduced a new system to raise a 'Service Request' for those who are waiting for more than 90 days for check clearance. She siad that mine was the first case she was entering into the system. She keyed in my details and gave me a Service Request # and said that an agent will be assigned to my case within two days to look for my application. On Oct 18th, I found that my checks were cleared. But the rec # are not showing on online yet. So, pls call USCIS and raise a service req if you don't see any activity yet, it worked for me, though the rec # s not updated online yet.
    I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.




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  • smiledentist
    06-22 12:47 AM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.

    What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.



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  • EndlessWait
    05-21 01:35 PM
    cmon anyone?? should IV contact Indian govt. Its now or never guys




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  • saloni
    04-13 06:39 PM
    I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
    I am getting an opportunity to venture into an non-IT business.

    Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)

    Will I loose my H1B status as soon as I use EAD?

    I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.

    Please advise.



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  • lermitthefrog
    06-15 02:41 PM
    WOW! that would be great. All you have to do is fill out the application at http://s7.invisionfree.com/TGG_Team_Forum/ and you can go to http://s7.invisionfree.com/TGG_Team_Forum/ to register. Also if you don't check your email often, you should. Most communication is based on email and if you don't reply after some time your gone. (it's happened before!)




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  • neerajkandhari
    11-14 03:04 PM
    I saw two lud on my i-485(yesterday and today) What does that mean?
    I have completed my biometrics, received EAD and approval notice for AP has been sent.

    Can somebody clarify on this please??

    what is ur PD



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  • iwantgc
    09-11 06:34 PM
    I've been a silent avid reader of this website and I'm also among those EB3 retro victims. I'm starting a thread about what I read from shusterman website " there's no chance getting an immigration bill inacted before November election" and see what's everyone's opinion on this.

    iwantgc




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  • harivenkat
    05-06 09:33 PM
    Senator Bob Menendez (New Jersey)'s no. is (202) 224-4744
    I called him yesterday... his staff is very friendly they take your name and message and pass it on to him,,, today Senator Menendez has chided Obama

    Immigration overhaul: Sen. Menendez chides Obama; Sen. Schumer appeals to Arizona governor - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-immigration-20100507,0,1561517.story)


    Senator chides Obama as pressure rises on immigration
    A Democratic leader says the president must treat the overhaul with more urgency. Schumer writes to the Arizona governor, hoping to delay a controversial state law.
    By Peter Nicholas, Tribune Washington Bureau

    A key Senate Democratic leader said President Obama must treat the immigration crisis with far more urgency, as pressure over the issue intensified across the country Thursday.

    Sen. Robert Menendez of New Jersey, an Obama ally and one of a handful of Democratic senators shaping an immigration proposal presented last week, faulted the president for suggesting on Wednesday that an immigration bill won't be finished until 2011 at the earliest.

    "Telling people we're not going to get a legislative solution this year, or to suggest maybe that it's not possible this year, is not in the best interests of the nation," Menendez said in an interview in the Capitol.


    At the same time, legislators and activists took steps Thursday to head off policies that they contend unfairly target illegal immigrants. Sen. Charles E. Schumer (D-N.Y.) asked Arizona's governor in a letter to delay enactment of a tough new law that criminalizes the failure to carry immigration papers. Schumer also asked for a meeting with the governor, Republican Jan Brewer.

    And one Latino advocacy group, unhappy with what it sees as Obama's aggressive deportation practices, said it would attempt to end-run the president. The group said it would send a Mother's Day letter to First Lady Michelle Obama, telling her that deporting people is destructive to families.

    The developments reflected mounting frustration over the immigration question. Speaking at a Cinco de Mayo reception in the Rose Garden on Wednesday, Obama promised to "begin work" on an immigration bill this year, but set no deadline for completion.

    His press secretary, Robert Gibbs, sounded a more pessimistic note at a briefing Thursday. Asked why the White House doesn't push ahead with an immigration bill as it has with other legislation that lacked a bipartisan consensus, Gibbs said: "Well, because there's not enough support to move forward."

    Even if prospects for an immigration overhaul are dwindling, the White House shouldn't give up, proponents insisted. Menendez said he had asked the White House to host a major summit devoted to the issue, modeled after the healthcare summit in February. Invitations would go to House and Senate lawmakers from both parties, with a block of time set aside for hashing out differences.

    A White House official who was asked about that idea Thursday said: "We are continuing to examine all of the options for moving forward with a bipartisan conversation."

    Always a divisive issue, illegal immigration is generating renewed bitterness on the right and left of the political spectrum. Part of the upheaval springs from the Arizona law. But advocates for Latino interests are also resentful of the Obama administration's enforcement policies.

    A memo by the head of U.S. Immigration and Customs Enforcement showed that the agency wants to deport 400,000 people a year � more than double the number in 2005.

    Menendez called on the president to order a less punitive approach. Deporting people when "counting is taking place" during the decennial census is "reason alone" for suspending the practice, he said.

    In the hope that Michelle Obama might prove a softer touch, the National Alliance of Latin American and Caribbean Communities said it would send a letter to the first lady inviting her to intervene.

    Michelle Obama has taken a largely apolitical posture since her husband became president. Choosing sides on such a fraught issue would be out of character, but the alliance is appealing to her "as a mother."

    "Deportations have reached record levels under President Obama's administration. For each person deported, there are young children left behind who are denied the right to be cared for by their parents," the letter to Michelle Obama reads.

    With Arizona's law scheduled to go into effect in July, Schumer hopes to derail it by convincing Brewer that a better solution is on the horizon.

    He asked her to wait one year while Congress puts in place an immigration system that would provide tough border security, a foolproof identification system so that undocumented workers can't get jobs, and a path to legal status for the 11 million people living in the United States illegally.

    Delaying the Arizona law would require state legislative action. Arizona officials did not respond to requests for comment.

    Conceding that Republican support is lacking in the U.S. Senate, Schumer also asked Brewer to help round up GOP votes, including those of Arizona's two senators, John McCain and Jon Kyl. So far, no Republican lawmaker has agreed to support the effort.

    Schumer wrote that a comprehensive immigration bill is the best remedy.

    "I simply do not believe the remedy Arizona has enacted will succeed in resolving the problem it is designed to address," he wrote.



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  • bharad
    06-22 03:05 PM
    Its better to change your employer.

    Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.

    Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.

    Cheers!!!




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  • coolvigo
    11-15 11:53 AM
    I live in maple grove and I did not get it in last group since I changed employers in begining of this yr. But I do have PD from Aug'05.

    What about you Libra?




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  • rajivkane
    12-08 04:10 PM
    Hi!

    I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)

    I am leaving many opportunities just to be with my sponsor for this six months!

    Please guide.

    Thanks,

    Raj




    valuablehurdle
    06-19 11:24 AM
    A quick question:
    I just have the FRONT side copy of the EAD stored.
    Why do we need the BACK side of the copy?

    Responses will be appreciated.




    kabeer_g
    08-10 12:05 PM
    Hello,

    My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.

    I really really appreciate a response.



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