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Ann Ruben
04-17 02:21 PM
Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
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MA001
10-30 01:31 PM
See this link, give your comments ( I suggest to be brief & to the point).
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
akhilmahajan
04-23 09:30 AM
I have not got my i140 approval yet........
but the Receipt i got for my i140 says:-
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
So, does that mean it is being processed for EB2.
thanks.
but the Receipt i got for my i140 says:-
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
So, does that mean it is being processed for EB2.
thanks.
2011 (The real Curtis Stone)
ashutrip
06-04 11:19 AM
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
when is the voting on this bill?
when is the voting on this bill?
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paskal
02-22 06:14 PM
Not sure if people understood the question. Based on this data it shows India got much more then what was in the quota and there were more GC given than the yearly total limit. If this is true, why do I keep hearing that in forums that there were 250K visa's over the last 5 years that were lost because they GC's were not processed in time? If anything there were more visa's given and a disproportionately higher # for India.
suggest you read the ombudsman report.
and yes the numbers available were higher because
1. a recapture was in progress
2. recaptured visas were fifo not by country quota
and country quota is deceptive. when ROW is current, eg last july, uscis gives out GC numbers by fifo availability not by country quota.
of course last july was a freak...not coming back anytime soon!
suggest you read the ombudsman report.
and yes the numbers available were higher because
1. a recapture was in progress
2. recaptured visas were fifo not by country quota
and country quota is deceptive. when ROW is current, eg last july, uscis gives out GC numbers by fifo availability not by country quota.
of course last july was a freak...not coming back anytime soon!
more...
Maverick1
11-21 09:16 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You give all of them (stapled together preferably). Make copies of all of them and keep for future.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You give all of them (stapled together preferably). Make copies of all of them and keep for future.
2010 Curtis Stone and Brett
santb1975
07-17 05:57 PM
I thought contribution to IV would be a better Idea than flowers, sweets etc. A thankyou card in additon to contribution is even better :-)
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dummgelauft
10-04 09:48 PM
I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
Dude, Leave alone PR, I have a Canadian PASSPORT, this CBSA (Canada Border Services Agency) lady one day asked me "Who are you going to meet in Canada?"
I could not believe the stupidity of this woman. So, I replied "Mr. Dhurandhar Bhadvadekar"..
She waited a second to digest it, then said, "Okay..Go..!!"..
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
Dude, Leave alone PR, I have a Canadian PASSPORT, this CBSA (Canada Border Services Agency) lady one day asked me "Who are you going to meet in Canada?"
I could not believe the stupidity of this woman. So, I replied "Mr. Dhurandhar Bhadvadekar"..
She waited a second to digest it, then said, "Okay..Go..!!"..
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vikki76
06-17 03:40 PM
Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze
more...
nanneh
04-27 06:51 PM
I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
Yes milind70, you are right. That is the reason i am looking specific format which contains Father's and Mother's information on "BC".
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
Yes milind70, you are right. That is the reason i am looking specific format which contains Father's and Mother's information on "BC".
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mayitbesoon
02-20 05:47 PM
any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?
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rogerdepena
07-17 10:33 PM
Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
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India76
06-04 09:33 AM
Is there going to be CIR Debate in senate today?
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BeCoolGuy
04-04 07:34 AM
Ok.. here's the link to save some of your time
http://www.visalaw.com/05may4/2may405.html
Read the section on ADJUSTMENT PORTABILITY .
Goodluck
http://www.visalaw.com/05may4/2may405.html
Read the section on ADJUSTMENT PORTABILITY .
Goodluck
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GCard_Dream
03-06 05:10 PM
I just wanted to make a comment. I don't have anything against color red; in fact I like red :) . It's not the red dot that bothers me; it's the delay in the GC processing. Peace.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
more...
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waitingnwaiting
05-20 11:00 AM
I have completed. :)
Thank you for spreading my teachings to you. :D
Thank you for spreading my teachings to you. :D
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gapala
07-10 03:15 PM
Hi Dhundhun,
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
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go_guy123
08-23 06:02 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
uma001
07-24 03:41 PM
More details are needed to answer this question better.
I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.
Well, If they file it now, they get queries like ' Why do you need this guy when there are so many americans looking for job. Need detailed documentation and business necessities to sponsor green card for this person'...this happened to three of my friends recently.
Finally it is up to you whether you want to go ahead now or later.
I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.
Well, If they file it now, they get queries like ' Why do you need this guy when there are so many americans looking for job. Need detailed documentation and business necessities to sponsor green card for this person'...this happened to three of my friends recently.
Finally it is up to you whether you want to go ahead now or later.
justAnotherFile
07-11 09:01 PM
That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
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