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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eilsoe
10-07 12:27 PM
Awww... but she still looks cuuuute... :)
shree772000
05-01 05:46 PM
Looks like immigration-law.com is hacked and being redirected to deckplans.com
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va_dude
05-01 02:01 PM
The key might be that your current employer should be able to give you some kind of letter that details your job duties, etc.
If this letter can allude to the duties in your original labor that's all your attorney would need to make your case.
If this letter can allude to the duties in your original labor that's all your attorney would need to make your case.
more...
psam
09-13 07:30 PM
Sorry for posting on this thread. But I do not know how to open a new thread. How does one do that?
I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?
Thanks for your response.
I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?
Thanks for your response.
shalabhgandhi
07-23 08:48 PM
Its the one on the extension form...well my lawyer told me and thats what I filled.
more...
gcwait2007
06-23 11:33 PM
Here is the USCIS official URL page/ press release:
http://www.uscis.gov/files/article/premproc_22jun09.pdf
http://www.uscis.gov/files/article/premproc_22jun09.pdf
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johnggberg
07-20 02:43 PM
but visa dates may get retrogressed again than Priority date will play role
more...
little_willy
09-15 10:54 AM
" There is only one thing that is certain in life - death. Everything else has certain uncertainty to it and cannot be fully trusted, that's why you should question everything."
Come to DC and ask the questions to the lawmakers. Seek justice and feel the sense of accomplishment at DC.
Come to DC and ask the questions to the lawmakers. Seek justice and feel the sense of accomplishment at DC.
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nsb_immig
01-01 04:12 PM
Hello,
I am on H1, have filed Labor on 10/30/2009 (awaiting decision) and still have 2 months to go before my 6th year of H1 starts.
Now, i have plans for higher studies, but since i am a consultant/contractor and my projects are all over the US, I am planning to go full time (early 2011) either in US or outside.
I checked with a friend if I should go full time in US and he told me that since i have filed Labor, i have shown 'immigration-intent' and therefore my F1/student visa request will be denied, since F1/student visa is a non-immigrant visa.
Now my question to this forum of lawyers is, Is the above true for F1? Also, if it is true and due to that, if i plan to study outside USA and after my studies (which keep me out of US for more than an year) want to come back and work in USA, will my request for an H1 also be denied due to the same 'immigration-intent' i showed in my Labor process earlier, since H1 is again a non-immigrant visa?
Thanks in Advance for your help !
PS: I am a newbie in this forum. Pls let me know if any info is missing, or if such a concern has already been addressed in an earlier post, pls point me to the same.
I am on H1, have filed Labor on 10/30/2009 (awaiting decision) and still have 2 months to go before my 6th year of H1 starts.
Now, i have plans for higher studies, but since i am a consultant/contractor and my projects are all over the US, I am planning to go full time (early 2011) either in US or outside.
I checked with a friend if I should go full time in US and he told me that since i have filed Labor, i have shown 'immigration-intent' and therefore my F1/student visa request will be denied, since F1/student visa is a non-immigrant visa.
Now my question to this forum of lawyers is, Is the above true for F1? Also, if it is true and due to that, if i plan to study outside USA and after my studies (which keep me out of US for more than an year) want to come back and work in USA, will my request for an H1 also be denied due to the same 'immigration-intent' i showed in my Labor process earlier, since H1 is again a non-immigrant visa?
Thanks in Advance for your help !
PS: I am a newbie in this forum. Pls let me know if any info is missing, or if such a concern has already been addressed in an earlier post, pls point me to the same.
more...
vvicky72
10-17 09:05 AM
My 485 got approved 2 months back. There was an RFE for my wife and by the time I answered it, the visa numbers were over. Now I am planning to change my job. I know its good to wait for at least 6 months before you switch over, but I don't have that option. Can there be any issues with my wife's application?
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gk_2000
02-10 09:37 PM
I wonder how many of you caught this from Obama's facebook:
Advise the Advisor | The White House (http://www.whitehouse.gov/advise)
I threw in my advise on the two questions:
* How is American innovation affecting your community?
* What are the obstacles to innovation that you see in
your community? And what steps can be taken to remove them?
e-Trade and e-commerce is the most prominent product of innovation, and continues to grow.
Obstacles to innovation in my community: I belong to the community of people who are in US on a work visa. Our main obstacle is the US laws themselves, because the present laws forbid us from doing anything on our own. If I wanted to make facebook, US laws would say, hey, go back home and come back on an EB5. Of course, we cant do that. So your laws are being ridiculous
---
Let's go at it, since they want to listen
Advise the Advisor | The White House (http://www.whitehouse.gov/advise)
I threw in my advise on the two questions:
* How is American innovation affecting your community?
* What are the obstacles to innovation that you see in
your community? And what steps can be taken to remove them?
e-Trade and e-commerce is the most prominent product of innovation, and continues to grow.
Obstacles to innovation in my community: I belong to the community of people who are in US on a work visa. Our main obstacle is the US laws themselves, because the present laws forbid us from doing anything on our own. If I wanted to make facebook, US laws would say, hey, go back home and come back on an EB5. Of course, we cant do that. So your laws are being ridiculous
---
Let's go at it, since they want to listen
more...
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eb3_nepa
08-30 11:57 AM
Sukant71, what exactly are you trying to say?
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ranand00
02-09 07:03 AM
Thanks for the reply
I thought cap to non-cap transfer could be done anytime
again if someone has similar experience or an attorney please reply
thanks
I thought cap to non-cap transfer could be done anytime
again if someone has similar experience or an attorney please reply
thanks
more...
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dealsnet
07-31 05:19 PM
If you are eligible for EB1, file I-140 now. EB1 is always current in every VB. No need to port EB3 PD. For EB1, no need for Labor process; direct I-140 filing.
Hi,
I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.
My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.
Thanks
Hi,
I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.
My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.
Thanks
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anilsal
09-04 08:55 PM
I am sure he will update his profile that he will be there at the rally.
Others reading this, you have reached this thread. You can easily reach DC for the rally.:D
Others reading this, you have reached this thread. You can easily reach DC for the rally.:D
more...
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JazzByTheBay
09-16 03:19 PM
to see you chime in... it's WHAT IV WANTS... :)
jazz
U will get a lot of what you want :)
jazz
U will get a lot of what you want :)
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Blog Feeds
05-06 08:20 AM
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2010 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.
Winners should start finding out very soon. Notifications to the randomly-selected diversity visa or "green card lottery" winners are being sent between May and July 2010.
How does it all work?
Soon an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.
Only participants in the DV-2010 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2011 lottery if they wish. The dates for the registration period for the DV-2011 lottery program will be widely publicized during August 2009.
More from the State Department (http://travel.state.gov/visa/immigrants/types/types_4574.html)
More... (http://www.visalawyerblog.com/2010/05/diversity_visa_lottery_2010_dv.html)
Winners should start finding out very soon. Notifications to the randomly-selected diversity visa or "green card lottery" winners are being sent between May and July 2010.
How does it all work?
Soon an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.
Only participants in the DV-2010 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2011 lottery if they wish. The dates for the registration period for the DV-2011 lottery program will be widely publicized during August 2009.
More from the State Department (http://travel.state.gov/visa/immigrants/types/types_4574.html)
More... (http://www.visalawyerblog.com/2010/05/diversity_visa_lottery_2010_dv.html)
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vinoddas
01-10 05:58 PM
This is pretty confusing to me as to what I am can and cannot do with an EAD/AP combination. Right now I am on an H1-B visa. What are the major differences from getting a green card, other than the fact that if the green card is rejected for some reason, I would have to leave the country For example, on EAD/AP, can I:
1. Quit my current job and sit at home, and do nothing?
2. Start a company?
3. Go to Full time MBA school?
4. Go to part time MBA school with my current job?
5. Switch jobs as many times as I want using AC21?
-Vinod
1. Quit my current job and sit at home, and do nothing?
2. Start a company?
3. Go to Full time MBA school?
4. Go to part time MBA school with my current job?
5. Switch jobs as many times as I want using AC21?
-Vinod
Michael chertoff
05-08 08:58 PM
Start with Libra. I have seen people talk, talk, talk and talk about immigraton and gone with the wind right next day they get the green card. Start with a member 'libra', he always used to blame eevrybody, not seen since the day he got his GC. Share some other names.
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MC
buddy they moved to " Why 5 years wait for Citizenship forum"
MC
abcdefgh
11-13 06:23 PM
Hello
I am on currently H1B visa using AC21 portability based on I140 approval from previous employer. This is my 9 th year and H1B is expiring April 2010. My current employer is starting H1b renewal again. I do not have H1B visa stamp in my passport as I did not travel outside the USA for last 5 years.
Through my wife's I 485 filling I am beneficiary on that petition. I have applied for advanced parole for both of us to travel out of USA somewhere around March 2010.
My questions are follow:
1. Upon travel when I try to come back should I use this advanced parol or get a H1 visa stamp on my passport and make a entry based on H1 Visa?
2. If I use advanced parol to make an entry does it invalidate my H1 status? I heard somewhere that If I use advance parol to make an entry than I can no longer be on H1 visa. In my case advanced parol I am getting is based on I 485 benefits from wife's I485 case.
3. If making an entry on advance parol does not affect my H1 status, then should I still go to US embassy and get H1 visa stamp? Or it is no longer needed? Is it advisable not to have H1b stamp in my passport at all because I can use Advance Parol for internation travelling? The reason I am asking is because to get stamp in passport will require me to travel to embassy and consume my time from very limited time I am travelling.
4. What are the documents I need to carry while I travel if advance parol is advisable to be used at port of entry?
5. What are advantage/disadvantage of Advance Parol Vs H1b Visa for making an entry?
6. and Lastly, the things I need to keep in mind while at port of entry?
I know, I am asking too many questions. But to be honest, I am really nervous about this traveling as I have not travelled outside the US for last five years. And you know during these years many things must have been changed.
I really appreciate any advise.
Thanks
Sanjay
I am on currently H1B visa using AC21 portability based on I140 approval from previous employer. This is my 9 th year and H1B is expiring April 2010. My current employer is starting H1b renewal again. I do not have H1B visa stamp in my passport as I did not travel outside the USA for last 5 years.
Through my wife's I 485 filling I am beneficiary on that petition. I have applied for advanced parole for both of us to travel out of USA somewhere around March 2010.
My questions are follow:
1. Upon travel when I try to come back should I use this advanced parol or get a H1 visa stamp on my passport and make a entry based on H1 Visa?
2. If I use advanced parol to make an entry does it invalidate my H1 status? I heard somewhere that If I use advance parol to make an entry than I can no longer be on H1 visa. In my case advanced parol I am getting is based on I 485 benefits from wife's I485 case.
3. If making an entry on advance parol does not affect my H1 status, then should I still go to US embassy and get H1 visa stamp? Or it is no longer needed? Is it advisable not to have H1b stamp in my passport at all because I can use Advance Parol for internation travelling? The reason I am asking is because to get stamp in passport will require me to travel to embassy and consume my time from very limited time I am travelling.
4. What are the documents I need to carry while I travel if advance parol is advisable to be used at port of entry?
5. What are advantage/disadvantage of Advance Parol Vs H1b Visa for making an entry?
6. and Lastly, the things I need to keep in mind while at port of entry?
I know, I am asking too many questions. But to be honest, I am really nervous about this traveling as I have not travelled outside the US for last five years. And you know during these years many things must have been changed.
I really appreciate any advise.
Thanks
Sanjay
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