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Member Profile: CarterJohn (26 posts)

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Hello, I'm CarterJohn (report this user)
I am from India
I last logged in on 12 Jul 2016
I have been a member since 11 Sep 2014
I have added 26 posts in trackitt forums
I added my last post on 11 Apr 2016
CarterJohn's Posts
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Posted in I-140 Forum on 11 Apr 2016
Topic: Do I need visa to travel to Mexico for re-entry to USA

If you drive across the border, you will not be able to get a new I94/status. I suggest you park your car on the US side of the border. Take the last US exit to the border station parking. Park and walk across the border to Mexico. There will be no checks when you enter into Mexico. Once on the Mexico side, you can just turn around and enter US, if you have not planned for anything at Tijuana. There would be a long line, to enter US from Mexico. Not the one you would want to get into. Walk upto the gate, and you will see a separate shorter line for ones needing a new I 94. Explain your need for new I94/status, pay a nominal fee and you will get your I94/status, if you are eligible for the status you are requesting. Note I-94's at land border crossing are paper ones... Good luck!
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Posted in Federal Skilled Workers Forum on 08 Dec 2014
Topic: Skills assessment authorities in Canada - need your kind help

Transcripts would contain your performance(grading/score) for every course you would have taken, towards the degree.(you are having evaluated). This is pretty standard, and most likely your university is aware of it.

Its best to request for more than one transcripts, if you need it again in future.
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Posted in Federal Skilled Workers Forum on 07 Dec 2014
Topic: Skills assessment authorities in Canada - need your kind help

If the transcripts can be given to you in a sealed envelop(with stamp/sign across), you can then send it to WES for evaluation. WES accepts this, and have had evaluation done in this way in the past.
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Posted in I-140 Forum on 20 Nov 2014
Topic: Will CIR pass by end of this year

Looks like the reprieve for illegals is also restricted to a group, who could potentially be on a path to citizenship quickly - Parents of Citizens and PR's. As immediate family members of current or future citizens there would not be numerical restrictions on them. This also looks to be the reason why DACA beneficiary parents are left out. No real political incentive to reduce overall GC backlog !!
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Posted in H-1B Forum on 18 Nov 2014
Topic: H4 CoS pending - I94 expired

Presuming you are planning to file for AOS, after you return from UK after 2 years, you should be fine. The guideline states that you should be in status since your last lawful admission(which in this case is your future return from UK). Also INA Section 245(k) gives you status violation exemption of upto 180 days for EB categories. http://www.uscis.gov/sites/default/files/USCIS/...

When you leave the country with a pending change of status, it will be considered abandoned, or if the I 539 COS is denied. then you would be considered out of status. If the total accumulated out of status stay exceeds 180 days, you could be barred from entry for 3 years. Plz check on your exact dates and try to keep your potential out of status within 180 days, before you leave for UK or ensure you have the I 539 COS approved before leaving.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

1) The law does't require the FB/EB tag on the visa numbers
2) Even if 1 is allowed, then the law does't say that the category quota needs to be used first before the rollover. It talks of it as whole and total
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

You need to work on ur math. In the example scenario said there are only 140000 visas used of available 143949. How is the unused tagged and moved to FB category ?
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Refer #2567 from CIR thread for the no unused visa debunk.

It was a special one time legislation for recapture. A past precedence of legislation does not imply the same cannot be done through EO, if Mr O can make a sound case that it is legal. Ex: there are past precedence of legalization for illegals through both legislation and EO.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

You give me back the same reference that i used to debunk your no unused visa theory !!

Nothing in the law can be unambiguously interpreted to imply that there can be no rollover past the next year. The recapture legislation was done way back in 2000, and i was not here to understand the political dynamics of that time that needed a legislation for it to work.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Can you provide a reference in the law that states that current year quota needs to be used first ?
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Now how to differentiate that the visa is FB rollover or EB current year quota ? Visa number doesn't come with a tag to it that it is EB/FB unless it is granted to person of that category. Nor does the law say that the current year quota should be used up before dipping into the unused visa number from previous year alternate category. The law talks about the rollover and the current year numbers as a total for that year in one breath.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Lets say for example from your post the figure of 143,949 is not completely used in 2006 and there are exactly 3949 left. Now this gets added to FB based next year 2007. So this 3949 is EB unused from 2006 or FB rollover of 3949 from previous year 2005 ?
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Posted in I-140 Forum on 17 Nov 2014
Topic: Will CIR pass by end of this year

You could have paid the I140 PP from your pocket. Its legal.

I 485 PP is not possible, as other govt agencies are involved (DOS, FBI), which have there own process.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Having precedence of recapture by legislation does not imply EO cannot do it, if it is within bounds of existing laws. There are numerous examples of congress and white house both tackling the same problem, and the tools in their arsenal are legislation and EO respectively.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

If we go by your interpretation of the law, then the unused numbers should perpetually trickle down to the current year, alternating between FB and EB categories. The law makes no difference in the current years quota and the previous numbers inherited from the alternate category. Refers to it as the "maximum number of visas".. Snippet reference below.

(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year. ..U.S.C. 1151(d)(2)(C)
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Posted in I-131 (Advance Parole) Forum on 17 Nov 2014
Topic: Can I renew H1B after traveling on AP

Yes you can use your AP and come back from Caribbean. You would be in a parolee status and not H1b status. But your h1b work authorization would still be valid and hence can continue working for your H1b employer. If you wish to use EAD you need to update I 9 with your employer. Something to note, you could have just used automatic re-validation if you were visiting Canada/Mexico. - http://travel.state.gov/content/visas/english/g...

Yes you can get a new H1b stamp and reenter US after your India trip using this stamp and be admitted in H1b status.Here you would continue using your H1b work authorization. Or you could avoid the hassle of H1b stamp(save money too) in India and just use your AP to enter in parolee status, but work using your h1b work authorization as after your trip to Caribbean.

When using AP to enter US be prepared for a secondary inspection(which is normal). Have all your work related documents etc... This is not a legal advise, use this information at your own risk.
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Posted in I-140 Forum on 15 Nov 2014
Topic: Will CIR pass by end of this year

There are unused visa's. If they can be recaptured or not is unto how the law is interpreted. There was indeed a special resolution to recapture some of those visa numbers. But it in no way implies that the remaining cannot be recaptured by administrative means. Just that the precedence of recapture is via legislation. Hence many people are skeptical. Lets agree that there are indeed unused numbers, and leave it at that for now. Even if it does't happen through this EO, this is important to note, as lobbyist can devote their time on this aspect in future. Also ironically the number of unused visa numbers is close to 500K(the number doing rounds on the news) not accounting for the prior recapture.

There are experienced attorney's who have made arguments favoring and against dependent removal. As again everyone is trying to see things the way they believe in. Lobbyist, pseudo-analysts, forum chit-chatters etc all try to make a case. But ultimately politics prevail. And the current political winds favor the latino, and without this dependent removal or country cap removal, the latino community gaining citizenship in the near future is severely limited.(note the unused visa capture does not serve the latino purpose). I hate to say it but whatever the political solution to this problem is invariably going to be a solution to our problem too.
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Posted in I-140 Forum on 15 Nov 2014
Topic: Will CIR pass by end of this year

Not interested in this debate. I personally would not want to benefit at the cost of ROW. Have a nice weekend.
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Posted in I-140 Forum on 15 Nov 2014
Topic: Will CIR pass by end of this year

Couple of concerns that you have raised
1) No unused visas. This is clearly debunked by this report at Pg 35. http://www.dhs.gov/xlibrary/assets/cisomb_2010_....

2) removal of dependents from EB count. Legal aspect is pretty gray here. Your theory that they be moved to FB category has no precedence. Even if it were possible in theory the wait time would plateau out at 5 years, as by that time the primary applicant could get citizenship, and the dependents would become immediate family members, which has no numerical restrictions. The driving force is politics now and Mr O, can make provision for the illegals to "come clean and get in line". With so many in line the potential wait time could be more than their natural lives. Hence its possible that Mr O makes an attempt to fix this. i.e streamline of legal immigration.
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