mbe
01-06 11:43 PM
Hi,
My husband is on H1-B, and it expires on Feb 4th 2007. We plan to go to India, leaving the U.S. on Feb 11th 2007. His current I-94 expires on Feb 4th 2007.
We have our I-140 and 485 filed in parallel. He has received his EAD and Advanced Parole.
His lawyer wants to apply for H1-B but not use premium processing, as he can re-enter the U.S. using Advanced Parole.
Now, our concerns are these:
1. If he leaves the U.S. AFTER the expiration of his current I-94 WITHOUT having a new I-797, can it look as if he overstayed?
2. If he re-enters the U.S. using the Advanced Parole, will that change his status so that he is now considered to be on immigrant(EAD) rather than non-immigrant (H1-B) status?
Basically, we want to insist on premium processing and go for the H1-B visa stamp while in India to be sure that he does not go out of status.
Any advice on this?
Thanks :)
My husband is on H1-B, and it expires on Feb 4th 2007. We plan to go to India, leaving the U.S. on Feb 11th 2007. His current I-94 expires on Feb 4th 2007.
We have our I-140 and 485 filed in parallel. He has received his EAD and Advanced Parole.
His lawyer wants to apply for H1-B but not use premium processing, as he can re-enter the U.S. using Advanced Parole.
Now, our concerns are these:
1. If he leaves the U.S. AFTER the expiration of his current I-94 WITHOUT having a new I-797, can it look as if he overstayed?
2. If he re-enters the U.S. using the Advanced Parole, will that change his status so that he is now considered to be on immigrant(EAD) rather than non-immigrant (H1-B) status?
Basically, we want to insist on premium processing and go for the H1-B visa stamp while in India to be sure that he does not go out of status.
Any advice on this?
Thanks :)
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Blog Feeds
05-12 11:10 AM
A lot of people influenced my decision to become an immigration lawyer nearly two decades ago, but one person that certainly deserves mention is Judge Diane Wood. I first took her international trade law class at the University of Chicago and it turned out to be my best grade in law school. I then did an independent study with Professor Wood and wrote about the integration of the European legal profession, a topic that introduced me to the subject of employment immigration law. Five years after I graduated U of C, Professor Wood was appointed by President Clinton to serve...
More... (http://blogs.ilw.com/gregsiskind/2009/05/judge-wood-would-be-a-friend-for-immigration-on-the-supreme-court.html)
More... (http://blogs.ilw.com/gregsiskind/2009/05/judge-wood-would-be-a-friend-for-immigration-on-the-supreme-court.html)
Macaca
12-07 10:47 AM
Tax, Spending Issues Frustrate Democrats (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/07/AR2007120700423.html) By CHARLES BABINGTON | Associated Press, December 7, 2007
WASHINGTON -- Cracks are emerging in congressional Democrats' solidarity, as frustrated lawmakers concede their majority status is not enough to overcome Republican resistance on taxes, spending, Iraq and a host of other issues.
The fissures, which became obvious this week, are undermining Democrats' hopes for several key achievements this year. They also point to a bruising 2008 election in which Democrats will say Republicans blocked prudent tax and spending plans to score political points on immigration and other hot-button issues.
Republicans say they simply want to prevent higher taxes of any kind, even if the targets are not-so-sympathetic groups such as oil companies and hedge fund managers.
After 11 months of insisting that all major programs be paid for with tax increases or spending cuts elsewhere, Senate Democratic leaders acknowledged Thursday they cannot persuade enough Republicans to join them. Majority Leader Harry Reid, D-Nev., reluctantly allowed a vote on a long-debated middle-class tax cut that would add billions of dollars to the deficit because it is not offset elsewhere.
The measure, which the Senate approved 88-5, would prevent the alternative minimum tax from hitting about 25 million more taxpayers, at a cost of about $50 billion to the U.S. treasury next year. Reid's decision puts the Senate at odds with the House with two weeks left before the holiday recess.
House Democratic leaders still insist on a pay-as-you-go policy, or "pay-go," which they made a centerpiece of their governing principles in January.
Reid told reporters Thursday that Senate Republicans have used their filibuster powers to block Democratic efforts to change Iraq policy, move a farm bill and pay for the proposed one-year "fix" to the alternative minimum tax. He especially complained about Republican demands to offer farm bill amendments dealing with state drivers licenses for illegal immigrants.
"We've tried everything we can to address these issues," Reid said, citing 57 GOP filibuster threats this year.
"We have lived by pay-go," Reid said regarding the tax bill. "But what we want everyone to know is that we have tried every alternative possible."
He acknowledged handing a political dilemma to House Speaker Nancy Pelosi, D-Calif. The House earlier passed an AMT bill that would raise $80 billion in new taxes, largely on investors and hedge fund managers.
"I admire the speaker" for adhering to the pay-as-you-go principle, Reid said. He added, however, she "has a little more flexibility from a procedural perspective than I do."
Reid's decision will force a pivotal decision by House Democrats: Should they infuriate millions of voters by leaving the AMT unchanged (and hope Republicans get blamed), or abandon the pay-go promise and possibly rely heavily on Republican votes to pass a bill that splits Democrats.
"If we waive pay-go on this, I think it opens the door" to further actions that would raise the deficit and "border on criminal irresponsibility," said Rep. John Tanner, D-Tenn.
Meanwhile Thursday, congressional Democrats said they face an uphill battle in trying to overcome Senate GOP objections to a House-passed energy bill. Republicans particularly oppose the proposed rollback of $13.5 billion in tax breaks for major oil companies.
"You can't tax your way to energy independence," House Minority Leader John Boehner, R-Ohio, told reporters.
If the Senate cannot overcome the GOP-led resistance, Democratic senators said they may have to jettison provisions important to many House Democrats: the tax provisions and requirements for greater use of renewable energy such as wind, solar and biofuels.
House Ways and Means Committee Chairman Charles Rangel, D-N.Y., said such a move would be difficult for the House to swallow. "The tax part is just as important as any other part" of the energy bill, he said.
As for the Iraq war, congressional Democrats on Thursday sent their strongest signal yet that they are resigned to providing additional funds without forcing President Bush to alter his policies. The plan is virtually certain to divide House Democrats. Like the AMT legislation, it may require significant Republican support to pass.
Democrats, who sometimes seem incredulous at their inability to budge the GOP on tax, spending and war issues, say Republicans will pay dearly at the polls. "There is a sense they are digging their own grave," Sen. Charles Schumer, D-N.Y., said.
Some Republicans agree there is a risk in repeatedly blocking Democratic-crafted bills, especially if the chief beneficiaries appear to be big oil companies or wealthy investors.
"The strategy is to lay low and then blame them for not getting anything done," Republican Rep. Ray LaHood of Illinois said in an interview. "The truth is, we all lose."
"We trash each other and end up making the institution look bad," LaHood said. "That's why Congress' approval ratings are so low."
WASHINGTON -- Cracks are emerging in congressional Democrats' solidarity, as frustrated lawmakers concede their majority status is not enough to overcome Republican resistance on taxes, spending, Iraq and a host of other issues.
The fissures, which became obvious this week, are undermining Democrats' hopes for several key achievements this year. They also point to a bruising 2008 election in which Democrats will say Republicans blocked prudent tax and spending plans to score political points on immigration and other hot-button issues.
Republicans say they simply want to prevent higher taxes of any kind, even if the targets are not-so-sympathetic groups such as oil companies and hedge fund managers.
After 11 months of insisting that all major programs be paid for with tax increases or spending cuts elsewhere, Senate Democratic leaders acknowledged Thursday they cannot persuade enough Republicans to join them. Majority Leader Harry Reid, D-Nev., reluctantly allowed a vote on a long-debated middle-class tax cut that would add billions of dollars to the deficit because it is not offset elsewhere.
The measure, which the Senate approved 88-5, would prevent the alternative minimum tax from hitting about 25 million more taxpayers, at a cost of about $50 billion to the U.S. treasury next year. Reid's decision puts the Senate at odds with the House with two weeks left before the holiday recess.
House Democratic leaders still insist on a pay-as-you-go policy, or "pay-go," which they made a centerpiece of their governing principles in January.
Reid told reporters Thursday that Senate Republicans have used their filibuster powers to block Democratic efforts to change Iraq policy, move a farm bill and pay for the proposed one-year "fix" to the alternative minimum tax. He especially complained about Republican demands to offer farm bill amendments dealing with state drivers licenses for illegal immigrants.
"We've tried everything we can to address these issues," Reid said, citing 57 GOP filibuster threats this year.
"We have lived by pay-go," Reid said regarding the tax bill. "But what we want everyone to know is that we have tried every alternative possible."
He acknowledged handing a political dilemma to House Speaker Nancy Pelosi, D-Calif. The House earlier passed an AMT bill that would raise $80 billion in new taxes, largely on investors and hedge fund managers.
"I admire the speaker" for adhering to the pay-as-you-go principle, Reid said. He added, however, she "has a little more flexibility from a procedural perspective than I do."
Reid's decision will force a pivotal decision by House Democrats: Should they infuriate millions of voters by leaving the AMT unchanged (and hope Republicans get blamed), or abandon the pay-go promise and possibly rely heavily on Republican votes to pass a bill that splits Democrats.
"If we waive pay-go on this, I think it opens the door" to further actions that would raise the deficit and "border on criminal irresponsibility," said Rep. John Tanner, D-Tenn.
Meanwhile Thursday, congressional Democrats said they face an uphill battle in trying to overcome Senate GOP objections to a House-passed energy bill. Republicans particularly oppose the proposed rollback of $13.5 billion in tax breaks for major oil companies.
"You can't tax your way to energy independence," House Minority Leader John Boehner, R-Ohio, told reporters.
If the Senate cannot overcome the GOP-led resistance, Democratic senators said they may have to jettison provisions important to many House Democrats: the tax provisions and requirements for greater use of renewable energy such as wind, solar and biofuels.
House Ways and Means Committee Chairman Charles Rangel, D-N.Y., said such a move would be difficult for the House to swallow. "The tax part is just as important as any other part" of the energy bill, he said.
As for the Iraq war, congressional Democrats on Thursday sent their strongest signal yet that they are resigned to providing additional funds without forcing President Bush to alter his policies. The plan is virtually certain to divide House Democrats. Like the AMT legislation, it may require significant Republican support to pass.
Democrats, who sometimes seem incredulous at their inability to budge the GOP on tax, spending and war issues, say Republicans will pay dearly at the polls. "There is a sense they are digging their own grave," Sen. Charles Schumer, D-N.Y., said.
Some Republicans agree there is a risk in repeatedly blocking Democratic-crafted bills, especially if the chief beneficiaries appear to be big oil companies or wealthy investors.
"The strategy is to lay low and then blame them for not getting anything done," Republican Rep. Ray LaHood of Illinois said in an interview. "The truth is, we all lose."
"We trash each other and end up making the institution look bad," LaHood said. "That's why Congress' approval ratings are so low."
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kkking
05-10 01:38 PM
HI Gurus,
I am working in Job A and my GC was filed for Job B by my current employer. It has been more than 180 day since my I-485 is pending. Is it possible that I switch employers using AC21 since I have worked for my sponsoring employer for 180 days but in different job. I will appreciate your feedback. Thanks
I am working in Job A and my GC was filed for Job B by my current employer. It has been more than 180 day since my I-485 is pending. Is it possible that I switch employers using AC21 since I have worked for my sponsoring employer for 180 days but in different job. I will appreciate your feedback. Thanks
more...
jrad
07-23 08:48 PM
Can we apply for I - 485 without having the I -140 receipt notice.What is the work around so that I dont miss the Aug 17,2007 date for filing I -485.Are there any chances that my I - 45 will be rejected, or will I ge an RFE.
My I - 140 was applied during the 2nd week of July, 2007.
thanks
My I - 140 was applied during the 2nd week of July, 2007.
thanks
JunRN
08-26 05:34 PM
In this case, USCIS assigned a number to a previously approved case in June.
more...
Blog Feeds
10-23 09:20 AM
Further to one of our more recent posts, it isn�t just the economy driving the �brain drain� associated with the ever-increasing numbers of talented workers opting to leave the U.S. Rather, the unrealistic immigrant visa quotas for employment-based green cards are also to blame as a formidable obstacle contributing to this recent trend. The much-anticipated October visa bulletin issued by the Department of State did little to give new hope to the long line of skilled workers waiting for available immigrant visa numbers. Indeed, with quotas backlogged more than 7 years in the skilled worker category, countless thousands of talented...
More... (http://blogs.ilw.com/h1bvisablog/2009/09/the-h1b-brain-drain-its-not-the-economy-stupid.html)
More... (http://blogs.ilw.com/h1bvisablog/2009/09/the-h1b-brain-drain-its-not-the-economy-stupid.html)
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pan123
08-30 06:29 PM
When did you filed? From what service center? When was last finger print done? and what's your priority date?
more...
amoljak
02-09 12:44 PM
Let�s pick up on Craig Barrett's suggestion: "We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering,"
It has been stated before, but never followed up seriously.
May be adding it to "What Immigration Voice wants to do?" would be a start�
It has been stated before, but never followed up seriously.
May be adding it to "What Immigration Voice wants to do?" would be a start�
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svdcpa
06-06 10:45 AM
i am a cpa and my labor certification still gathering dust at the dallas backlog proc center. i did received the 45-day letter march 2005.
more...
ruchigup
08-09 12:22 AM
>>bump<<
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GIDOC
07-17 11:53 PM
Thanks for the link.
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pan123
03-22 12:55 AM
Folks,
I have a coworker who is a citizen of Canada and got I-140 approved yesterday.
The question is how safe, easy and hassle-free it will be to do a CP (Counselor Processing) from Canada instead of I-485? CP will be done in US embassy in Montreal. Do you guys know any experiences from your other friends? Any relevant information will be appreciated.
Thanks,
I have a coworker who is a citizen of Canada and got I-140 approved yesterday.
The question is how safe, easy and hassle-free it will be to do a CP (Counselor Processing) from Canada instead of I-485? CP will be done in US embassy in Montreal. Do you guys know any experiences from your other friends? Any relevant information will be appreciated.
Thanks,
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gaz
04-07 12:51 PM
Hello,
Is it possible to apply for parents visa using the H1B extension receipt?
Thank you
Is it possible to apply for parents visa using the H1B extension receipt?
Thank you
more...
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gimme_GC2006
09-04 06:31 PM
Friends,
With only 3 weeks left in Sep 2008 (keeping in mind that my PD is current since Aug-01), I have decided to contact DHS Ombudsman and Congressman for help.
But I dont know how to start.
I read the posting from googler.
http://immigrationvoice.org/forum/showpost.php?p=242840&postcount=47
Is that number provided still valid or is that fax number?
Does any one know?
Also, how do I go about contacting Congressman? I can look up their address but dont know how to make a first move? should I write to him directly or should I call his office and explain over phone?
Any thoughts?
All help will be very much appreciated.:)
Note: For all peeps, who are going to say, "You cant write your own english letter?"..No..I dont...What I know better is write C++ code :D
With only 3 weeks left in Sep 2008 (keeping in mind that my PD is current since Aug-01), I have decided to contact DHS Ombudsman and Congressman for help.
But I dont know how to start.
I read the posting from googler.
http://immigrationvoice.org/forum/showpost.php?p=242840&postcount=47
Is that number provided still valid or is that fax number?
Does any one know?
Also, how do I go about contacting Congressman? I can look up their address but dont know how to make a first move? should I write to him directly or should I call his office and explain over phone?
Any thoughts?
All help will be very much appreciated.:)
Note: For all peeps, who are going to say, "You cant write your own english letter?"..No..I dont...What I know better is write C++ code :D
dresses pictures Marley and me | The
Macaca
02-18 06:55 PM
Some paras from In Majority, Democrats Run Hill Much as GOP Did (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/17/AR2007021701352.html).
Democrats pledged to bring courtesy to the Capitol when they assumed control of Congress last month. But from the start, the new majority used its muscle to force through its agenda in the House and sideline Republicans.
And after an initial burst of lawmaking, the Democratic juggernaut has kept on rolling.
Of nine major bills passed by the House since the 110th Congress began, Republicans have been allowed to make amendments to just one, a measure directing federal research into additives to biofuels. In the arcane world of Capitol Hill, where the majority dictates which legislation comes before the House and which dies on a shelf, the ability to offer amendments from the floor is one of the minority's few tools.
Last week, the strong-arming continued during the most important debate the Congress has faced yet -- the discussion about the Iraq war. Democrats initially said they would allow Republicans to propose one alternative to the resolution denouncing a troop buildup but, days later, they thought better of it.
And yet, significant numbers of House Republicans have voted along with Democrats on the legislation passed so far -- a fact that somewhat mutes criticism about iron-fisted tactics.
In the first weeks of the new Congress, however, Democrats bypassed the usual legislative committees, refused to allow any amendments and took their agenda straight to the floor for passage. They said they needed a clear path to pass a handful of popular measures that were the basis of their successful November campaign, including expanded money for stem cell research, an increase in the federal minimum wage and implementation of recommendations of the Sept. 11 commission.
Democrats said they would impose "regular order," the rules that permit the minority to participate more widely, in short order.
But even after passing their domestic agenda, Democratic leaders have continued to marginalize Republicans, preventing them from having a voice in legislation such as a bill to withhold federal pensions from lawmakers convicted of ethics felonies and a $463 billion bill to fund the federal government for the rest of this fiscal year.
Last week's debate on the Iraq war, culminating in its passage Friday by a vote of 246 to 182, was conducted under a "closed rule," which means Republicans could not offer alternatives. "I understand what they did on their agenda," said Rep. Mike Simpson (R-Idaho). "But to do a closed rule on something like this is a huge mistake. We're talking about war and peace. You don't play politics with war."
While they did not allow amendments on the Iraq debate, the Democrats gave every member of the chamber five minutes to speak on the resolution -- an unprecedented amount of debate on a nonbinding resolution, according to Thomas E. Mann, a scholar at Brookings Institution. He said that is more than the Republicans offered Democrats when the GOP passed a resolution last spring supporting the war in Iraq.
Democrats pledged to bring courtesy to the Capitol when they assumed control of Congress last month. But from the start, the new majority used its muscle to force through its agenda in the House and sideline Republicans.
And after an initial burst of lawmaking, the Democratic juggernaut has kept on rolling.
Of nine major bills passed by the House since the 110th Congress began, Republicans have been allowed to make amendments to just one, a measure directing federal research into additives to biofuels. In the arcane world of Capitol Hill, where the majority dictates which legislation comes before the House and which dies on a shelf, the ability to offer amendments from the floor is one of the minority's few tools.
Last week, the strong-arming continued during the most important debate the Congress has faced yet -- the discussion about the Iraq war. Democrats initially said they would allow Republicans to propose one alternative to the resolution denouncing a troop buildup but, days later, they thought better of it.
And yet, significant numbers of House Republicans have voted along with Democrats on the legislation passed so far -- a fact that somewhat mutes criticism about iron-fisted tactics.
In the first weeks of the new Congress, however, Democrats bypassed the usual legislative committees, refused to allow any amendments and took their agenda straight to the floor for passage. They said they needed a clear path to pass a handful of popular measures that were the basis of their successful November campaign, including expanded money for stem cell research, an increase in the federal minimum wage and implementation of recommendations of the Sept. 11 commission.
Democrats said they would impose "regular order," the rules that permit the minority to participate more widely, in short order.
But even after passing their domestic agenda, Democratic leaders have continued to marginalize Republicans, preventing them from having a voice in legislation such as a bill to withhold federal pensions from lawmakers convicted of ethics felonies and a $463 billion bill to fund the federal government for the rest of this fiscal year.
Last week's debate on the Iraq war, culminating in its passage Friday by a vote of 246 to 182, was conducted under a "closed rule," which means Republicans could not offer alternatives. "I understand what they did on their agenda," said Rep. Mike Simpson (R-Idaho). "But to do a closed rule on something like this is a huge mistake. We're talking about war and peace. You don't play politics with war."
While they did not allow amendments on the Iraq debate, the Democrats gave every member of the chamber five minutes to speak on the resolution -- an unprecedented amount of debate on a nonbinding resolution, according to Thomas E. Mann, a scholar at Brookings Institution. He said that is more than the Republicans offered Democrats when the GOP passed a resolution last spring supporting the war in Iraq.
more...
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babu123
07-17 07:55 PM
I think this rule got changed now. We have to wait for EAD until it is issued. Now we cant go to their office after 90 days for getting EAD
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ms3das
06-29 06:49 PM
Thanks for your repsonse.which office did you get the visa stamperd?i am going to Chennai.
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sunny7r
05-14 03:45 PM
Dear All,
my current stamping expires in May 2009 and i am Planning to go for H1B stamping in india(Chennai).
any recent H1B Stamping experiances in chennai consulate in india?
Thanks
Sunny.
my current stamping expires in May 2009 and i am Planning to go for H1B stamping in india(Chennai).
any recent H1B Stamping experiances in chennai consulate in india?
Thanks
Sunny.
aguy
09-19 07:46 PM
Hi,
I had submitted my I-140, I485 and my wife's I-485/I-131/I-765 together. USCIS accepted everything but the I-131 form, which they returned saying that they couldn't located the I-485 application. Now, I have the receipt number for I-485. If I send I-131 back now, can I still use the old check? The old check is endorsed but was not deposited (they returned it).
To think of it, it is not my fault that they couldn't find the I-485 though it was in the same application packet.
I will appreciate any insight.
I had submitted my I-140, I485 and my wife's I-485/I-131/I-765 together. USCIS accepted everything but the I-131 form, which they returned saying that they couldn't located the I-485 application. Now, I have the receipt number for I-485. If I send I-131 back now, can I still use the old check? The old check is endorsed but was not deposited (they returned it).
To think of it, it is not my fault that they couldn't find the I-485 though it was in the same application packet.
I will appreciate any insight.
sapota
10-22 05:43 PM
I wonder if they are approving I-140s for people whose priority dates are current to expedite their GC approval. Have you already done your finger printing?
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