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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 12-11-2007, 12:53 AM
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Default NEW RULE: H1B Visa Renewal at Toronto

NEW RULE FOR H1B VISA RENEWAL AT ALL CONSULATES IN Canada
--------------------------------------------------------------------
Four business days wait (Including appointment date) from nowonwards instead of 2 business days wait. Security clearance tightened at all consulates.
---------------------------------------------------------------------

Rep from US Consulate-Toronto called me today at home as I have a visa renewal appointment in Toronto in near future. First she verified my I-797A info and then shocked me with above news.

I told her it was 2 business days wait while I scheduled the appointment 2 months back and so I planned my travel accordingly.

Answer: Well now this rule is implemented since last 2 weeks so arrange your travel accordingly and security clearance is tightened so if you have any criminal background expect more delays. That was blunt and hard for me to even listen. Very cold call. According to her I can send expedite request and which I did. If that will be approved well I will be attending the new appointment otherwise I will be cancelling my appointment.
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Last edited by BharatPremi; 12-11-2007 at 01:15 AM.
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  #2 (permalink)  
Old 12-11-2007, 01:00 AM
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Default Unless retrogression is cleared

with some legislation, things are going to get tougher for legal immigrant population.

All these new rules keep popping every day.
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Old 12-11-2007, 01:13 AM
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Default

Quote:
Originally Posted by janilsal View Post
with some legislation, things are going to get tougher for legal immigrant population.

All these new rules keep popping every day.
I am seeing $ 1500/- hole right away. Non refundable tickets/Christmas time. Fing ...That rep called me, talked to me and now probably sleeping while making my night sleepless.
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Last edited by BharatPremi; 12-11-2007 at 01:17 AM.
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Old 12-11-2007, 01:41 AM
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Default

This may have to do with the below post at Murthy's website:

http://www.murthy.com/news/n_pimsve.html

-------------------------------------------------
PIMS Verification Required for Certain Nonimmigrant Visas
Posted Dec 07, 2007
和urthyDotCom
The U.S. Department of State (DOS) issued a directive in November 2007 to the U.S. consular posts that the correct procedure for visa issuance in nonimmigrant categories H, L, O, P, and Q will now require consulting an electronic record. The purpose of the Petition Information Management Service, known as PIMS, is to verify that the employer's underlying petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Even if a beneficiary takes an original I-797 approval notice to the interview, previously sufficient basis for visa issuance, s/he now will have to wait until the information is confirmed through PIMS.
和urthyDotCom
Not Fully in Place, but Verification May Be Effective Immediately
和urthyDotCom
While nonimmigrant visa appointments can be scheduled on the basis of approved I-129 petitions and I-797 approval notices, per the DOS instructions now in place, no visas may be issued without verification through the PIMS system. Because no further guidance from the DOS has been issued as of this writing, some consular posts are taking the position that the new directive is effective immediately.
和urthyDotCom
48 Hours for New Approvals to be Available in PIMS
和urthyDotCom
Seeking clarification on the new electronic record visa issuance procedure, the American Immigration Lawyers Association (AILA) contacted DOS officials who indicated that, as of November 29, 2007, the data on approvals had not been electronically transferred. Where consular notification is requested, however, information on new approvals should be available in PIMS within 48 hours.
和urthyDotCom
Domestic Clearinghouse Option for Verification
和urthyDotCom
DOS has stated that, in the event that an overseas consular post cannot obtain verification of an approved petition through PIMS, it may submit a request through a domestic clearinghouse that can confirm with USCIS that a petition has been approved. The DOS, however, has failed to indicate the processing time for such a request or the number of cases it anticipates may not currently appear in PIMS.
和urthyDotCom
Conclusion
和urthyDotCom
How quickly or efficiently the new verification process through PIMS will work remains to be seen. Visa applicants who may be affected by this new process are encouraged to plan well in advance of their visa appointments so that they are prepared if the visa issuance takes longer than expected. We will continue to share updated information with MurthyDotCom and MurthyBulletin readers on developments regarding this new system.
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Last edited by sunny1000; 12-11-2007 at 01:52 AM.
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  #5 (permalink)  
Old 12-11-2007, 01:52 AM
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Default

Quote:
Originally Posted by sunny1000 View Post
This may have to do with the below post at Murthy's website:

http://www.murthy.com/news/n_pimsve.html
Yes. That's it.
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Old 12-11-2007, 01:59 AM
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Default so bad

Now I am thinking of returning from India using my AP and not going to the consulate for stamping
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Old 12-11-2007, 02:08 AM
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Default

Quote:
Originally Posted by santb1975 View Post
Now I am thinking of returning from India using my AP and not going to the consulate for stamping
Then you will be done with H1, nothing will give us peace in this non immigrant avatar.
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Old 12-11-2007, 03:00 AM
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Default actually my attorney told me I wont be

He said I can apply for an extension as well next year if I come back on AP. I wonder why he is recommending I go for stamping then. I shall ask tomorrow.

Actually I dont really care about H1/ EAD anymore. Whatever happens ...happens. I have been in this country way too long and I am getting tired of this wait and the USCIS mess. I never had a chance to work in India or in any other country so if I have to leave US there are many new doors read to open and I am confident I will do well wherever I am.

Quote:
Originally Posted by BharatPremi View Post
Then you will be done with H1, nothing will give us peace in this non immigrant avatar.
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Old 12-11-2007, 03:29 AM
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Default

there is some discussion that took place few weeks ago regarding the use of AP and loss of H1B.

please read through the following statements carefully to understand the nuances of the different words that we use and how they make sense for our situation.

-Advance Parole
-H1-B Visa
-I-797 approval notice for work authorization.

-An "Advance Parole" when used would invalidate your H1-B visa- NOT your H1B work authorization

-You will lose your non-immigrant intent of H1-B when you declare your immigrant intent by use of Advance Parole.(Interpretation- cannot use H1-B VISA to enter the country.)

-You can still use I-797 work authorization (H1-B approval notice) as a form of employment authorization after entering the country using Advance Parole. (This is not a VISA but WORK AUTHORIZATION)

to sum up, one can use advance parole and still use the "employment authorization" (I-797) of H1B visa to keep on working without a need of H1B stamp and without filing for I-9 to kick in EAD.

I am not an attorney, please verify this with your lawyers and share your views. and please correct me if i am wrong thanks

Last edited by venky08; 12-11-2007 at 03:37 AM.
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  #10 (permalink)  
Old 12-11-2007, 03:43 AM
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Default

Business as Usual. They are minting (milking) money with other services.

Damn H1, GC,#$%#$%$%$%^%$^

All MNC's are flocking to INDIA lately. I think I am sitting on the wrong continent :-)


Quotes on INDIA:

a is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend and the great grand mother of tradition.” - American Writer and Humorist Mark Twain

“If there is one place on the face of earth where all dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.” - French scholar Romain Rolland

“India conquered and dominated China culturally for 20 centuries without ever having to send a single soldier across her border.” - Hu Shih (Former Chinese ambassador to USA, referring to the entry of Buddhism into China. Buddhism was born in ancient India).

So far as I am able to judge, nothing has been left undone, either by man or nature, to make India the most extraordinary country that the sun visits on his rounds. Nothing seems to have been forgotten, nothing overlooked.”- Mark Twain

“In India I found a race of mortals living upon the Earth. but not adhering to it. Inhabiting cities, but not being fixed to them, possessing everything but possessed by nothing.”- Apollonius Tyanaeus, Greek Thinker and Traveller 1st Century AD

“Bear in mind that the commerce of India is the commerce of the world and … he who can exclusively command it is the dictator of Europe.”- Peter the Great of Russia
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  #11 (permalink)  
Old 12-11-2007, 10:12 AM
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Default

You mirrored my thoughts!

With dumb antis who don't understand the difference between Economics and their behinds, deciding public policy through the shrillness of their voices and majority legal Immigrants choosing to suffer in silence, US will not remain 'the shining city on the hill' for long.



Quote:
Originally Posted by santb1975 View Post
Actually I dont really care about H1/ EAD anymore. Whatever happens ...happens. I have been in this country way too long and I am getting tired of this wait and the USCIS mess. I never had a chance to work in India or in any other country so if I have to leave US there are many new doors read to open and I am confident I will do well wherever I am.
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Old 12-11-2007, 10:16 AM
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Default

Quote:
Originally Posted by walking_dude View Post
With dumb antis who don't understand the difference between Economics and their behinds, deciding public policy through the shrillness of their voices and majority legal Immigrants choosing to suffer in silence, US will not remain 'the shining city on the hill' for long.
Who do you think will be 'the shining city on the hill'?
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  #13 (permalink)  
Old 12-11-2007, 10:47 AM
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Default True even for india

Is this true even for India? The 4+ day wait period I mean? Has anyone made an appointment already for India? I am planning to travel and am deciding between H1 and AP while coming back. Per Murthy's article, if the normal clearing channels are used, it will be uncertain as to how long will one have to wait.
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Old 12-11-2007, 11:26 AM
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Default

Quote:
Originally Posted by santb1975 View Post
He said I can apply for an extension as well next year if I come back on AP. I wonder why he is recommending I go for stamping then. I shall ask tomorrow.

Actually I dont really care about H1/ EAD anymore. Whatever happens ...happens. I have been in this country way too long and I am getting tired of this wait and the USCIS mess. I never had a chance to work in India or in any other country so if I have to leave US there are many new doors read to open and I am confident I will do well wherever I am.
Actually I agree with your lawyer but many attornies (Including the one in recent Plano, TX meeting) with whom I have talked with, have other opinion and that creates confusion. But, yes I agree, it is tiring and blood sucking process.
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  #15 (permalink)  
Old 12-11-2007, 11:31 AM
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Default

Quote:
Originally Posted by venky08 View Post
there is some discussion that took place few weeks ago regarding the use of AP and loss of H1B.

please read through the following statements carefully to understand the nuances of the different words that we use and how they make sense for our situation.

-Advance Parole
-H1-B Visa
-I-797 approval notice for work authorization.

-An "Advance Parole" when used would invalidate your H1-B visa- NOT your H1B work authorization

-You will lose your non-immigrant intent of H1-B when you declare your immigrant intent by use of Advance Parole.(Interpretation- cannot use H1-B VISA to enter the country.)

-You can still use I-797 work authorization (H1-B approval notice) as a form of employment authorization after entering the country using Advance Parole. (This is not a VISA but WORK AUTHORIZATION)

to sum up, one can use advance parole and still use the "employment authorization" (I-797) of H1B visa to keep on working without a need of H1B stamp and without filing for I-9 to kick in EAD.

I am not an attorney, please verify this with your lawyers and share your views. and please correct me if i am wrong thanks
Venky,

I agree with you. this remains my base argument but every different attorney has different opinion... Some agree with this interpretation and some not. And for us the bottom line is to plan before execute and not having enough data you would not be able to plan and there exactly you start having frustration with these damn mountains of burocracy..
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