willgetgc2005
11-01 02:10 PM
I have a question about my Mother in laws' visit to the USA.She has a 10 year multi entry tourist visa (B1, validity from 2005 to 2015) to the US and she has visited the US 3 times so far and the dates are as follows
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
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indyanguy
12-28 02:41 PM
I filed my 140 on July 2nd though the notice date is Sep 24th. (It went to NSC->CSC->NSC).
Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?
Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?
rajuram
02-10 01:17 AM
You can get an emergency appointment if you are returning H1b worker.
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ps57002
09-15 09:53 PM
both employer and lawyer know in my case...it's not a problem. My supervisor supported me on it...
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Karthikthiru
08-26 12:36 PM
Congrats. Did you change from AOS to CP? or You choose CP when you applied for I-140
martinvisalaw
07-06 04:42 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
The complication occurs if the extension is approved while you are outside the US, and you only show the old visa on returning. In that case, your old expiration date will govern, because it will supersede the extension approval based on the CIS "last action rule."
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
The complication occurs if the extension is approved while you are outside the US, and you only show the old visa on returning. In that case, your old expiration date will govern, because it will supersede the extension approval based on the CIS "last action rule."
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acsouza
03-20 07:15 PM
Yes I believe the HR department is wrong in this case.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.
I am researching this further once I get some more information from DHS I will be arguing with HR again.
Thanks Euclid.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.
I am researching this further once I get some more information from DHS I will be arguing with HR again.
Thanks Euclid.
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nixstor
03-05 03:19 PM
I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
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Munna Bhai
03-28 04:13 AM
hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
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paskal
07-20 08:33 PM
a link that says 485 filing needs tax returns.
please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.
please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.
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roseball
02-07 12:57 AM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
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arihant
05-11 08:05 AM
The following question is posed at www.ktrh.com which is a website for a Houston AM talk radio. This radio station usually plays conservative programs including Rush Limbaugh. So, it is likely that mostly conservatives are visiting and voting on this website:
Should highly skilled workers move to the front of the immigration line?
The current poll results:
Yes: 59.56%
No: 40.44%
You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.
Should highly skilled workers move to the front of the immigration line?
The current poll results:
Yes: 59.56%
No: 40.44%
You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.
more...
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Redeye
12-19 08:26 PM
Abhjitp thanks for your reply.
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smuggymba
07-28 01:14 PM
Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
more...
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pappu
09-14 06:20 PM
Thanks to all those who tuned in.
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StuckInTheMuck
07-11 11:59 AM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
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sapota
08-31 11:33 AM
believe that American companies are telling the truth when they claim there is a lack of qualified talent in the U.S. for the high tech industry?
Even though the disclaimer says unscientific poll, this is outrageously biased.
Please forward to all hi tech companies. Let it come from the horses mouth.
Even though the disclaimer says unscientific poll, this is outrageously biased.
Please forward to all hi tech companies. Let it come from the horses mouth.
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meragcdedobhai
10-27 12:39 PM
to Motivated...
It seems like sheep when we are in touble to we are running helter skelter.
It seems like sheep when we are in touble to we are running helter skelter.
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waitingGC
01-15 10:11 AM
I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.
I totally agree with you! Many members are doubtful of what IV can really do for legal immigrants. Many people think that nothing can be achieved with just less than 10,000 people. Without seeing any hope for any changes, people just feel desperate and stay where they are without thinking of this issue.
I've read a post in a Chinese immigration website regarding how they thought the immigration trends in the future. Most people, if not all, believed that most of the immigration bills, including CIR, SKIL, and 485 filing, have no chance to be passed in the congresses, not only this year, but also in the future. They thought that the only thing that had a chance was H1 quota increasing. I hope that's not true. But their arguments made sense. We believe that we contribute to this country so this country needs us. But Americans don't think so. Many ordinary Americans do not really care about legal immigrants. Those who care may have lost their jobs to us. Our employers don't really want us to get GC because we can change jobs freely once we have GC.
Those thoughts, combined with last year's facts, make people believe that we cannot make a change. But I believe that if IV can make any change in the near future, e.g. 485 filing, people would regain confidence and join this organization. This is like a vicious circle. People don't contribute, then IV cannot achieve goals. Thus more people lose confidence and contribute even less.
I totally agree with you! Many members are doubtful of what IV can really do for legal immigrants. Many people think that nothing can be achieved with just less than 10,000 people. Without seeing any hope for any changes, people just feel desperate and stay where they are without thinking of this issue.
I've read a post in a Chinese immigration website regarding how they thought the immigration trends in the future. Most people, if not all, believed that most of the immigration bills, including CIR, SKIL, and 485 filing, have no chance to be passed in the congresses, not only this year, but also in the future. They thought that the only thing that had a chance was H1 quota increasing. I hope that's not true. But their arguments made sense. We believe that we contribute to this country so this country needs us. But Americans don't think so. Many ordinary Americans do not really care about legal immigrants. Those who care may have lost their jobs to us. Our employers don't really want us to get GC because we can change jobs freely once we have GC.
Those thoughts, combined with last year's facts, make people believe that we cannot make a change. But I believe that if IV can make any change in the near future, e.g. 485 filing, people would regain confidence and join this organization. This is like a vicious circle. People don't contribute, then IV cannot achieve goals. Thus more people lose confidence and contribute even less.
BharatPremi
03-17 02:33 PM
No
jkmc
02-15 05:03 PM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
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