Blog Feeds
02-07 08:30 AM
When it comes to the Visa Waiver program, clients often ask me, what happens when a Visa Waiver traveler who is in the U.S. visits a third, non-adjacent country, and then seeks to return to the U.S.? Do they receive a new 90-day period upon re-entering the United States? What if they go to Mexico or Canada or another adjacent country?
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
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nmdial
02-26 09:26 AM
Dear Lawyers,
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
dilbert_cal
07-05 11:56 AM
You would require copy of the approval notice of 140 from the old company.
In the new company, you would need to file a new labor via PERM. Once it is approved, you would need to file a new 140 and use the copy of the old approved 140 to port your priority date.
In the new company, you would need to file a new labor via PERM. Once it is approved, you would need to file a new 140 and use the copy of the old approved 140 to port your priority date.
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Mount Soche
12-01 10:29 AM
I applied for the visa lottery while my EB3 I-485 was pending and while waiting for the priority date to be current. I won the lottery and got my green card and the two are COMPLETELY UNRELATED. Good luck with the visa lottery, for me, it saved my sanity!
Hi all,
Can an eb3 with pendding I-40 apply for visa lottery? would that effect the current i-485 application if visa lottery not won? will it cause to the refusal of the I-485?
thanks
Naruto
Hi all,
Can an eb3 with pendding I-40 apply for visa lottery? would that effect the current i-485 application if visa lottery not won? will it cause to the refusal of the I-485?
thanks
Naruto
more...
zoooom
10-30 12:55 PM
Thanks!
ajithkumar
05-05 01:23 AM
Hi
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
more...
komaragiri
07-17 03:12 PM
Looks like talks failed, now AILA focusing on Lawsuit..
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ivgclive
12-11 12:36 PM
No. He got the new I797 recently and does'nt have VISA.
Thats what probably triggered the 221(g).
They have to verify documents on his visa.
IV had few posts on this earlier in 2007, search for that. You can find some good information.
Thats what probably triggered the 221(g).
They have to verify documents on his visa.
IV had few posts on this earlier in 2007, search for that. You can find some good information.
more...
little_willy
09-15 11:45 PM
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go_guy123
12-11 10:11 PM
One of my relative did work in Vancouver, Canada with his GC. He got his work permit at Canadian port of entry. Anyway this was long back, so please do your research, rules might have changed since then.
_________________
PD Sep, 2004, India
I485 --Pending since Jul, 07
AP Renewal -- Approved Dec 10, 08.
EAD Renewal -- Approved Nov 22nd, 08 valid till 2010.
yes they can work under NAFTA
_________________
PD Sep, 2004, India
I485 --Pending since Jul, 07
AP Renewal -- Approved Dec 10, 08.
EAD Renewal -- Approved Nov 22nd, 08 valid till 2010.
yes they can work under NAFTA
more...
heidy12
01-06 10:05 PM
hi...
There is no problem in getting the H-1B approved by Co. B, and the position meet all the H-1B requirements.
thanks:)
There is no problem in getting the H-1B approved by Co. B, and the position meet all the H-1B requirements.
thanks:)
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wiifanatic
06-22 03:56 PM
Yeah, I was thinking of making/using something else.
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EDIT: It's raining :|
more...
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Ψ
09-26 02:16 PM
lol i think he wants you to see his work!!!
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08-15 01:25 PM
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baburob2
08-21 09:21 PM
I-94 determines your status in US and visa stamp is a merely used to enter into US .hence make sure your I-94 is stamped till the expiry date of new I-797 otherwise you would get into issues.
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IneedAllGreen
12-28 09:56 AM
I did my 7 th year visa transfer this year and again it took more than 2 months then nothing happened later I went for premium processing because my wife's H4 stamping date was coming closure. I guess usually it takes 2-3 months for transfering visa. Mine was Nebraska Service center. Again this year I am going for 8th year extension. Good luck for your visa transfer. Just relax and wait for USCIS reply on ur application.
INeedAllGreen
INeedAllGreen
more...
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vemulap1
09-30 04:57 PM
I applied for my first labor in 2004 Feb, due to backlog center processing and I140 RFE so I applied for second labor from same employer in 2006 Sept.
Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
Later after six months my first I140 was cleared.
My question to IV Guru's, Is there any process to interfile older priority date to the second
labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.
Any suggestions are appreciated.
Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
Later after six months my first I140 was cleared.
My question to IV Guru's, Is there any process to interfile older priority date to the second
labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.
Any suggestions are appreciated.
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prachisahoo
02-14 07:38 AM
Any ideas or suggessions on why EB2 priority dates dint move forward even this month? As per earlier discussions the VISA numbers are now getting released every 3 months instead of every year. So we should have seen some movement every 3 months. But since October'06 it has only advanced twice once in Nov'06 by 6 months and then in Dec'06 by 7 days and after that it seems to have got stuck at 8th Jan 03 . New numbers were supposed to be released in January. But no idea what happened and it's stuck there.
Any of you have any idea on this ?
Any of you have any idea on this ?
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overseas
06-07 10:12 PM
As such there is no requirement on the time limit. But generally the supporting documents include 3-6 months latest statements of savings account. As per general advice the account balance should be atleast 5K per person (so if you are applying visitor visa for 2 persons it is 10K).
I recently applied visitor visa for my in-laws and they got the visa. I gave 4 months of latest bank statements. The visa officer didn't check any supporting documents as such but they did ask from when your daughter and son-in-law are staying in USA?
So bottom line is if it is necessary you can try your luck, else wait for few more months.
I recently applied visitor visa for my in-laws and they got the visa. I gave 4 months of latest bank statements. The visa officer didn't check any supporting documents as such but they did ask from when your daughter and son-in-law are staying in USA?
So bottom line is if it is necessary you can try your luck, else wait for few more months.
Blog Feeds
12-29 10:30 AM
The President has started revealing his plans on immigration for the next year. It sounds like he's planning on trying a do-over with Congress and attempting again to get a comprehensive immigration bill passed. He'll make the case for this in his State of the Union Address. I'm happy the President is still interested in working for change, I sincerely hope he is not making passing a reform bill his SOLE strategy. I'm reminded of Presidents in the past who regularly spoke in favor of something, but you just knew they didn't really care and were just trying to appease...
More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-to-address-immigration-plans-in-state-of-the-union-address.html)
More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-to-address-immigration-plans-in-state-of-the-union-address.html)
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05-09 05:37 PM
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