xyz12345

1 hour ago, RO_AH said:

Just curious...If I read this correctly even though you are a Filipino citizen, if you leave for over a year you will need a Balikbayan stamp to stay over a month? 

i never got a balikbayan stamp, just an arrival stamp even though I've been away for a year. a citizen is a citizen is a citizen so you can stay as long as you want. you won't be exempt from travel tax though if you stay for more than 1 year. that's a balikbayan privilege.

Will you be traveling abroad for your H1B work? Do you have to go back to your home country for an emergency etc? If you can afford to, then just limit your travel within the US for now.

My 2 cents worth.

https://www.mmhpc.com/2016/02/5416/

Change of Status to H-1B

For an individual currently in the U.S. in another status that will last until the start date of an H-1B, the sponsoring employer may request a “change of status” on the H-1B petition. This means that on the start date of the H-1B approval, the individual will automatically change to H-1B status without having to take any further actions. There is no need for the H-1B holder to travel abroad to obtain a visa stamp at a U.S. Embassy/Consulate after approval for the change to H-1B to occur. The H-1B visa stamp will only be required if the H-1B holder later decides to travel abroad after switching to H-1B status. That is because an H-1B holder must always have a valid H-1B visa stamp in his or her passport in order to re-enter the U.S. The exception to this is for Canadian nationals, who by law are not required to have visa stamps in their passports.

congrats!  so what was the first question? 😁

If I were you, I'll continue with the AOS. Stick it out. You're not the first and only person to encounter any hardship. I'm assuming that you don't have kids. It'll be a different story if you have kids already.

If I were you, I'll try to get that citizenship before permanently staying in Canada. At least the citizenship will afford you more places to stay after retirement.

In the end though it's your family's decision, so no regrets when it's done!

My 2 cents worth....

Good luck then!!!

Thanks Going through! That's what I thought about the expired DL. I would be in worse shape if I did get pulled over.

I don't think you need luck so Best wishes to your upcoming interview! You'll do great!

18 hours ago, Going through said:

Your overstay was forgiven with that filing and approval.

 

VJ terms of service prohibit any advice given other than to be completely honest on your application, in regards to the above, as you did knowingly commit the offense.

18 hours ago, Going through said:

Your overstay was forgiven with that filing and approval.

 

VJ terms of service prohibit any advice given other than to be completely honest on your application, in regards to the above, as you did knowingly commit the offense.

Thanks Going through. I don't have a problem disclosing it. I should have known better then. I was just happy to only put 1 instead of 3 offenses. Didn't know until yesterday that I didn't accrue illegal presence. I was only fixated by the 180 days. Good thing I start looking at the form ahead of time!

N-400 Part 12, #22: Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

Background: My H-1B visa expired in Oct 2012 but only left the country in Feb 2013 because I wanted to wait long enough to make sure that my lawyer submitted my EB2-NIW (self petitioned) I-140 application (Nov2012) and (if possible) for it to be approved (Jan 2013). My lawyer had said I had to leave the US before 180 days. I had consular processing.

I was ready to put "Yes" and attach an explanation but while researching for a different question, I came upon the following regarding visa overstay and illegal presence in the US (https://www.temple.edu/isss/immigration/overstay.html).

Applications filed late, but accepted for processing

If an application for change or extension of status is filed late, but accepted for processing (see 8 C.F.R. § 214.1(c)(4) for criteria for late extensions; see 8 C.F.R. § 248.1(b) for criteria for late change of status applications), no days of unlawful presence accrue if the application is approved. If the application is denied, unlawful presence will accrue starting on the date the Form I-94 expired (for date-certain I-94 cases) or the date of the denial (for D/S I-94 cases).

This should apply to me since my application was processed and approved, right? If so, then "No" to unlawful presence and "No" to voluntary work (is this a crime during unlawful presence?) during this period, and I don't have to mention them, right?

In the end, I still have to answer "Yes" to the above question because I did drive my car around town from time to time (maybe 10% of the time) with an expired driver's license. I was lucky enough not to get stopped, arrested or be involved in an accident.

Your opinions are greatly appreciated.

2 minutes ago, Going through said:

you are only supposed to list days outside of the US since becoming a permanent resident.  Time outside of the US before becoming a gc holder do not need to be listed.

ok, thanks! I'll remove that entry then!

1 hour ago, Going through said:

The past residence history covers the past 5 years...so you would list them up to the date your application is filled out (the Present date).

 

 You calculate the travel history based off of the last 5 years since becoming a permanent resident.  Any travel previous to the last 5 years you do not have to list.  The early 90 day window still falls within the previous 5 years.

hi, thanks for the response!

my 5th year GC will be on 6/29/18 so I'm planning to e file or mail my applic on 4/2/18. I also plan to use 4/2/18 as my signing date for the applic.

If I understand you correctly, in my case, since I'm doing early filing, my 5 years of required histories start on 4/2/13.

Since my applic will include days that I was still outside the US, can I just put N/A on DEPARTURE date and POE/IV date as the return date? I'm thinking of putting 88 days as time outside the US for that period.

I hope I'm not making it more confusing. Please bear with me!

Hello,

1) If I do early filing, should I use the Date of Signature (Part 13) as the starting date? Same thing for residential (Part 5) and employment (Part 8) histories?

2) How do I account for this 90 days or so then? Do I put ‘N/A’ on the “Date You Left the United States” and my POE date on the “Date You Returned to the United States”, and just calculate the number of days outside the US based on the Date of Signature? What if I have a departure date from the US that was outside the 5 year mark (e.g., 36 days prior to)? Do I still put N/A or the actual departure date?

Thanks again for your time!

Years ago, after I drove away from Big Bend National Park in Texas, I was shocked to learn of an immigration checkpoint close by. Didn't have immigration papers with me at that time but they just asked for my driver's license, looked at my file online, asked to check my car and let me go. (And I  returned as fast as I can to Florida ).

I think your demeanor helps in these kinds of circumstances. If you look like you have nothing to hide, you'll have an easier time. IMHO.

You can look for another job. You have to hurry though. According to DOL, the average processing time for PERM is 72 days and if I read this right, they're processing May2017 applications as of 7/31/17.

https://icert.doleta.gov/#fragment-2

If you will look for a new job, you also have to consider time to do prevailing wage, job advertisement, PERM, and I-140 approval within a 15-month span before your 6yr H-1B expires. Do you have to apply for another H1B for the new company anyway? 18 months ago, when your company agreed to sponsor you for the GC, did they start the process asap? 18 months seems like a long time for this stage of your GC application.

Can you qualify for an EB2-NIW self petition? You might want to consult with an immigration lawyer to check your odds for this category and to discuss all possible options.

Good Luck!

3 hours ago, faithful12 said:

It is confusing, coz some say no PCC is required if you are not living in Kuwait. The local embassy of Kuwait in delhi did not give much information. Kuwait embasssy in Mumbai never picked the call. 

You should check the Kuwait-USA Reciprocity:

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/KU.html

Acc to this PCCs are not available to former residents of Kuwait. PCCs are only required for current residents.

13 minutes ago, marcusa said:

Filed in July 14, 2017

interview notification on Aug, 17,2017

 

it is just so lucky of you and so fast. in your case. 

 

for 5 years applicants, i would recommend you bring everything you have to the interview. 

• ID: passport, driver license, 
• proof of residency(driver license)
• travel ( you passport stamps is more useful than this )
• bills( optional )
• very last Banks statement copies,( optional as well )
• W2s, (it works the same as Tax transcript )
• employment verification( bring your employee badge instead of the letter ), 
• tax return transcripts(past 5 years tax transcripts )
• any traffic citation/ticket and payment receipt
• ...

And here I am thinking that, among the list, I only plan to bring irs income tax transcripts for proof of payment of taxes/residency, old passports for proof of overseas travel/residency and any traffic citation/ticket (I always carry my drivers license anyway).

May I ask why do we need employment verification or employee badge?

1 hour ago, jan22 said:

The ban you are referring to would have been for unlawful presence, not for being out of status.  Having been admitted for duration of status (D/S), you are right --- even while out of status, the OP would not have been accruing unlawful presence.

 

The OP reported that for 13 months in the US, he was out of status more than half of that time (8 months, more than 60% of the time).  Waiting for funds to arrive before you can enroll is no excuse for a visa officer, as part of the visa requirement is that you show sufficient, already available, funds to pay for the first full year of coursework and ready access to funds to pay for remaining years.  Give the recent lengthy time being out of status, knowingly in violation of the terms of his visa, it seems pretty clear why a consular officer is not eager to issue a new visa.

This make sense.

I found this too. Not exactly the same case -- similar but even worse overstay. No ban if D/S. Different outcome though for non immigrant vs immigrant visa.

http://www.limlawpractice.com/Successful-Cases/A-Former-F-1-Student-Obtained-U-S-Green-Card-After-Out-of-Status-for-Over-20-Years.shtml

28 minutes ago, xyz12345 said:

 

I think you should wait for your international office to reply and get their advice. You have a new I-20 from them.

 

The consulate said that you can re-apply. Being denied once is fine but 4 times? That's a lot of money. You can do a 5th application but wait until you hear from your school. Or personally, you might need more proof of funds or closer ties to your home country. Do you have immediate family in the US? In any case, I hope you'll be approved if you try a 5th time. If not, hopefully you'll get a chance to ask and hear their reason for denial.

 

I'm sure you can continue your studies online.  I can't think of any reason why it should be a problem since you're outside the US.

 

 

My 2 cents worth.

 

 

And hopefully the denials have nothing to do with the 8 month out of status if the embassy tells you that you can re-apply anytime. Would an embassy tell people that they can re-apply anytime without explicitly telling them they're banned for a couple of years? I have no idea.

Good luck and I hope you hear some great news.

32 minutes ago, Zeezy said:

Does that mean all hope is lost, can I do my fall semester online and reapply for a visa spring session ?

I think you should wait for your international office to reply and get their advice. You have a new I-20 from them.

The consulate said that you can re-apply. Being denied once is fine but 4 times? That's a lot of money. You can do a 5th application but wait until you hear from your school. Or personally, you might need more proof of funds or closer ties to your home country. Do you have immediate family in the US? In any case, I hope you'll be approved if you try a 5th time. If not, hopefully you'll get a chance to ask and hear their reason for denial.

I'm sure you can continue your studies online.  I can't think of any reason why it should be a problem since you're outside the US.

My 2 cents worth.

11 hours ago, Going through said:

I haven't heard yet of anyone blocked from submitting the application online---EXCEPT for those with certain GC anniversary dates falling within a specific timeframe.  Cannot remember the exact perimeters of that.  It lets you know in less than a minute whether you are eligible or not by answering a few online questions.

 

I can tell you for certain that If you are filing for a fee waiver, or using an interpreter or legal representative to fill out the form you would be disqualified.  Payment has to be submitted at the end for your application to be received, and there is only room for one electronic signature---hence those disqualifications above.

Thanks! I don't need fee waiver, interpreter etc. I'll at least try.

15 hours ago, Zeezy said:

i attended school for 6months, 8months, i 94 said admit until date DS.

Thank you

Acc to this, it might be problematic if you're out of status for 5 months.

https://www.murthy.com/2013/01/28/cancellation-of-student-visa-and-visa-reapplication-from-abroad/

On 8/15/2017 at 3:11 PM, Going through said:

USCIS customer service is notorious for giving out wrong information.  I filed the N400 online, and so did @IPv6Freely who just posted above.

 

Mind you, it's possible you may not be eligible to file online, but yes the idea of filing online IS possible.

May I ask who's not eligible to file online? In a couple of months I hope to file my N-400 based on 5-yr residency.

Acc to the USCIS early file calculator, the earliest accepted filing date is Dec. 6, 2017 for a March 6, 2017 GC anniversary date.

3 hours ago, KULtoATL said:

Go to the link I gave you. On that page, there would be a tab below saying edition date And when you open the PDF form, the edition date is at the bottom left. 

Thank you regarding this edition date. I only look at the expiration date and never realized that there's such a thing as an edition date. The N-400 that I had had the same 3/31/19 expiration date but if I  look at the bottom left corner, it was actually an older edition. I better check the USCIS website again right before I file in a couple of months.

Thanks for the tip!

Only thing I can think of is that for EB21, the category in July was current in the final action date but retrogressed to Apr 1, 2015 in August. For September, the final action date will be advanced to Jan 1, 2016. From what I understand, if your priority date is later than these dates, then the Embassy cannot issue you the immigrant visa. You're approved but you just have to wait.

I hope this is your only issue. You could have gotten that visa in July since it was still current then and there was at least a week until Aug. If there were no other issues, five business days was enough time for them to at least issue the visa.

Good news is they still have your passport. They have to contact you somehow. In some ways, no news is good news too. They still want to keep your passport.

My 2 cents worth.

Regarding contacting them, any other possible reason for "REFUSED" and the "What's next?", I would rather have the more knowledgeable VJers answer your questions.

This looks similar to your case but it was in 2007.