situation after october visa bulletin

P

programmer76

Registered Users (C)
Hi,

I was the mute spectator of these forums and always used to read the post of Saras and prince of jungle and that really used to give me hope but today after reading this October visa bulletin, I feel really down. I’m wondering where this will lead.

I’ve applied for my gc in EB3 category. Priority date march 2003. Since last two years I’ve not traveled and see my family because my H1 stamp has expired I was scared to travel on advance parole. I was just hoping that I would as soon as I get my green card. But October visa bulletin has broken all the hopes.

Here are the questions I’ve.

(1) At Indian airports before coming to USA they do check visa in your passport before they let you be in the plane. I don’t have stamp but valid advance parole. Should there be any problem traveling on AP?
(2) I do not have EAD because I’m working with the same employer who filed my H1B (I’m still maintaining my H1 status). While returning to USA on advance parole will I have problem if I don’t have valid EAD with me?
(3) I’ve around more than 6 months before my advance parole expires. Is there a limit on number of days I can stay in India on AP or I can stay there as long as in India I want and come back just before the expiry of AP?
(4) What the gurus think? If my green card was just going to come within few days then I would not travel at all but now I think I’ve a long way to go before my priority date becomes current? Am I right?
 
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1) You are very safe to travel on AP
2) While travelling no one will check about EAD.
3) You can always return before your AP expires. But once the AP exipres no one allows you in even an AP application is under process.
4) You can alays travel with your AP. Ragarding getting GC and movement of PDs Denevala jabbi deta ch..r parke. Be optimistic.

Good luck travel to india ejoy the stay for some time. HAmara Bharath Mahan :D
 
Sorry to hear about, we all in same boat,

In this material world we run, we chase to somthing , some get quick some late, life doesn't stop neither this is end of world, ppl are more painful situation than us. take a look around you and start looking from ur own home country. u will find that.

Yesterday I was watching 'Discovery Times' in which familes were shown from 'Darfor, Sudan' living in camps near 'CHAD', their status Refugee, suffering becz of they were forced to leave their home, seperated family members, noone sure how many still live in their family. suffering becz they had no food, they had to register first with 'CHAD' govt to just get their RASHAN, and get transferd to Refugee camps, days, weeks, nothing to eat, a man got small sucess to get One pound/lb of suger, not sure what to have for other family, his faith were so strong all he had smile on his face telling the reporter/cameraman(who was acompaning with his family since days to und what is going on in Darfor,). he had smile on his face with strong faith telling them that if 'God willing' he wil be able to arrange food for his kids, and his kids will get educated once (IF) they register his name and his family name as Refugee, when you see ppl have no place to live, nothing second pair of cloth to change, nothing to eat, all they had was FAITH that if God willing he will be fine. I believe I am out of words to describe more than this. you may check that chaneel 'Discovery Times' 'Surviving Sudan'. if u think I am telling a fake story. see urself.

If you look only one side of pic, u won't understand, LIfe is not only to get GC. ppl need to learn balance their life. we all wish to get best of best, and sometime we got soo mean selffish we just see one thing in life and we put so much focus on it and we make ourself blind and we ignore lost many other perious things around us like our family loved ones.


I am not preaching.......... all I can say to all in short, balance ur life.
Practice your faith (whatever ur beliefs are), make u faith more strong and unshakeable, Trust on God, if G.C is written in your luck it would come on right time and noone can stop it.

Plz remember -------------
If God brings you to it, He will bring you through it.

In Happy moments, praise God.

In Difficult moments, seek God.

In Quiet moments, worship God.

In Painful moments, trust God.

In Every moment, thank God



Good Luck
 
programmer76 said:
Hi,

I was the mute spectator of these forums and always used to read the post of Saras and prince of jungle and that really used to give me hope but today after reading this October visa bulletin, I feel really down. I’m wondering where this will lead.

I’ve applied for my gc in EB3 category. Priority date march 2003. Since last two years I’ve not traveled and see my family because my H1 stamp has expired I was scared to travel on advance parole. I was just hoping that I would as soon as I get my green card. But October visa bulletin has broken all the hopes.

Here are the questions I’ve.

(1) At Indian airports before coming to USA they do check visa in your passport before they let you be in the plane. I don’t have stamp but valid advance parole. Should there be any problem traveling on AP?
(2) I do not have EAD because I’m working with the same employer who filed my H1B (I’m still maintaining my H1 status). While returning to USA on advance parole will I have problem if I don’t have valid EAD with me?
(3) I’ve around more than 6 months before my advance parole expires. Is there a limit on number of days I can stay in India on AP or I can stay there as long as in India I want and come back just before the expiry of AP?
(4) What the gurus think? If my green card was just going to come within few days then I would not travel at all but now I think I’ve a long way to go before my priority date becomes current? Am I right?
Click to expand...
If you reenter with the AP, your H-1B is no longer valid. You need the EAD to work. So get the EAD before your leaving, if you plan to renter with the AP.
 
compiler said:
If you reenter with the AP, your H-1B is no longer valid. You need the EAD to work. So get the EAD before your leaving, if you plan to renter with the AP.
Click to expand...

I'm not sure if that is completely true. I re-entered with AP and was able to renew my H1 a couple months later without a problem. I doubt they would've renewed it if my H1 was canceled.
 
compiler:
what you told is not 100% true. If you work for the same employer (as in H1 and GC sponsor), you can enter on AP and work on H1 (no need for EAD).
 
It is true. Again, your H-1B is no longer valid when you reenter with the AP, regardless of you will work for the same employer or not. The only way to revalidate your H-1B is to go abroad for the H-1B visa unless your H-1B visa has not expired, period!
 
Compiler you are wrong..

Compiler,

See Murthy forums/chat sessipns-scripts. It is clearly told about using AP and then to continue on H1 if working for same employer. Even I also used AP to enter USA last feb 2005 and now i am still on H1. I don't have EAD. I got clarifid from my company's lawyer and then inly used AP to enter USA. My lawyer told me that you can still use H1 butnin future you have to use AP to enter USA and can still apply for H1 extension which is expiring in march 2006.

So, if AP is used to enter USA and still working for same GC sponsored employer, then one can still continue on H1 and renew also for 7th/8th/9th.....year extensions.

greenbay
 
thanks

Hi folks,

Thanks PJB, BommiDP,Greenbay,compiler,rpranesh & cfiler. POJ you are right. besides greencard there are other things in life such as your family and loved ones. I've seen you putting cakes for so many people you don't even know when their GC were approved and Saras giving reply and consolation to each and every people's queries. Positive attitude and kindness of people like you and Saras is really amazing.

I also went through lot of forums and discussion group. My conclusion after this is that you can continue to be on H1 status and continue working for the same employer who filed your GC even after you use AP to enter usa.

Greenbay when you entered on AP in february ,did they ask you about EAD Or quesions like are you going to work for same employer etc?
 
If he is on H1, why does he need to show AP? He can enter on H1. If that has expired, he has anyway return to his home country and get it stamped. There is no issue in that since he is going back to his home country.
 
Complier you are not correct

YOUR H-1b Is NOT INVALID if your enter on AP.
It's if you use EAD to work that you invalidate your H-1B.


Murthy.com
Chat : March 28, 2005

Chat User : Does one lose H-1 status if s/he used advance parole for returning to the USA?

Attorney Murthy : A person is allowed to use AP to reenter the U.S. and is also allowed to file an H1B extension soon after reentering on AP, and then revert to H1B status. Review the March and May 2000 Legacy INS Memos, which we have written about on our website and posted summaries of those articles.
 
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I have made the decision

Should never have stayed here after the first two years. But now I am going back to Delhi in the next few months. Kehte hain na Dilli dil walon ki, its just too much nostalgia that no amt of dollars can no longer suppress. I was fortunate enough that I had this offer in hand for a long time. I know I should fight it out here and others in much much more desperate situation are much more courageous than me but I just dont have the stomach for more disrespect this way. Good luck to everybody and hope the best to the vibrant immigrant community - some of the most intelligent, hard-working yet unfortunate class of people in this country.
 
nikkasingh said:
Should never have stayed here after the first two years. But now I am going back to Delhi in the next few months. Kehte hain na Dilli dil walon ki, its just too much nostalgia that no amt of dollars can no longer suppress. I was fortunate enough that I had this offer in hand for a long time. I know I should fight it out here and others in much much more desperate situation are much more courageous than me but I just dont have the stomach for more disrespect this way. Good luck to everybody and hope the best to the vibrant immigrant community - some of the most intelligent, hard-working yet unfortunate class of people in this country.
Click to expand...
All the best to you...I am happy for you.
We will miss you!
There is chance that your GC may get approved by the end of this month..(atleast I am hoping for such a miracle!)..
Unfortunately, I do not have any offer in hand! So I will wait for some more time ..hoping that the PD moves faster atleast for EB1!
Good luck to you again,
Toxsci.
 
Greenbay said:
Compiler,

See Murthy forums/chat sessipns-scripts. It is clearly told about using AP and then to continue on H1 if working for same employer. Even I also used AP to enter USA last feb 2005 and now i am still on H1. I don't have EAD. I got clarifid from my company's lawyer and then inly used AP to enter USA. My lawyer told me that you can still use H1 butnin future you have to use AP to enter USA and can still apply for H1 extension which is expiring in march 2006.

So, if AP is used to enter USA and still working for same GC sponsored employer, then one can still continue on H1 and renew also for 7th/8th/9th.....year extensions.

greenbay
Click to expand...
When one reenters with his AP, he will be in parole status. I do not know Murthy. Nor I am interested in reading what you referred to. But, apparently you have no your own knowledge but love stealing from somewhere. If you want to reenter with the AP and you think you are still in H-1B, that is your preference. But I just negate your answer once again. You cannot mislead others. If one wants to keep his H-1B, s/he must enter with the H-1B visa.
 
nikkasingh said:
I am going back to Delhi in the next few months.
Kehte hain na Dilli dil walon ki, .
Click to expand...


Koi shak nahi dili dill walon ke hai, magar nikkasingh nay G.C to duur dekha magr yah kabhi nahi suna kay?

'Abhi Dili duur hai' :D agar G.C duur hay tu dili bhi tu dur hai :D


aankh se door na ho dil se utar jayega
waqt ka kya hai guzarta hai guzar jayega

Periority Date door hay tu kia howa Nikka jee
G.C gar likhha hay kismat main, tu mill hee jay gaaa

......waqt ka kya hai guzarta hai guzar jayega





Good Luck
 
from India

hi folks,

i'm in india now and saw that after i left there is still activity in the thread posted so thought about saying everyone hi. It is so nice to be with your family again. At least for now couple of days i have forgotten about gc and priority dates.I didnt come to home for 2 years and i was still planning to hold on for next one year hoping that pd willl move and i will get my GC but now i'm happy that i made the decision to visit home

Having fun eating moghulai,chinese, continental so tasty and delicious food every night. going to parties,movies,live plays, hanging out with friends everyday. seems to me that if you have enough money than our country is the best place to live in the world. But we are not tata and birlas just a programmer from a third world country and hence still we have to be in the line of GC and priority dates!
 
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A possible solution for some

Greetings all

I have been a silent observer of this website so far and have gone through the rollercoaster of emotions like everyone has due to retrogression. However there is one difference. I have Canadian citizenship. I am from India and had acquired this through immigration in 4 short years. I do not have any hassles when I travel to Europe or anywhere else and I know if my GC process stops, I just need to go North and not to India.

I have recenlty read all the frustrations expressed by all due to the long wait and retrogression.

A possible solution is Canada. Canada realizes its declining birthrate and is increasing levels of immigration. Please see enclosed link.

The Toronto Star

If the above link doesn't work, go to www.thestar.com

I am quite sure that most of you here will qualify for the process.

I also wanted to take this opportunity to congratulate and thank POJ and Saras for elevating the attitude and the level of participation in this great website. Would love to buy you guys beer anytime you are in OK City.

Best of luck.
 
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