bah9422
10-17 08:20 PM
you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.
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anilsal
07-18 01:00 AM
Guys, if you are suggesting that we should start work on each of these pending issues, then
a) either you start working on them by joining the IV Local State Chapters or
b) contribute ****from your heart*** to IV to do the noble work.
a) either you start working on them by joining the IV Local State Chapters or
b) contribute ****from your heart*** to IV to do the noble work.
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maddipati1
10-26 02:24 PM
First, listen to this looking at the video.
Then, listen with eyes closed or looking away.
http://www.youtube. com/watch?v=aFPtc8BVdJk
Then, listen with eyes closed or looking away.
http://www.youtube. com/watch?v=aFPtc8BVdJk
lady gaga born this way picture. Photo: Lady Gaga Born This Way
julsun
01-03 09:15 AM
Hi All,
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
more...
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americandesi
09-06 02:38 PM
1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
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singhsa3
08-20 07:36 PM
Looks like we are the only three so far..
more...
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nviren
02-24 01:51 PM
Hi,
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
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readblack
10-25 01:57 PM
Hi,
I am in similar boat and have some additional comments/questions.
My Labor PERM filed July08, I140 Approved Aug09. PD for EB2 not available. H1B 6yr expire in sep2010.
1. If H1B is transferred to another employer before March2010, does it mean my current exployer holdmy destiny, as he can revoke my I140 and I cannot apply for 3 year renewal? I can get copy of I140 approval.
2. What exactly 'revoke I140' means? does it mean current employer calls USCIS and asks to do something to my petition?
3. Incase current employer doesnot revoke I140,Is it possible that my PD would always be july2008 even if
-a. I switch employers and they file H1B?
-b. I go outside country for 6-11months for job or study and come back and work on H1B extension of 3 yrs?
-c. I am unemployed and on H4 in between for sometime?
Thanks in advance.
I am in similar boat and have some additional comments/questions.
My Labor PERM filed July08, I140 Approved Aug09. PD for EB2 not available. H1B 6yr expire in sep2010.
1. If H1B is transferred to another employer before March2010, does it mean my current exployer holdmy destiny, as he can revoke my I140 and I cannot apply for 3 year renewal? I can get copy of I140 approval.
2. What exactly 'revoke I140' means? does it mean current employer calls USCIS and asks to do something to my petition?
3. Incase current employer doesnot revoke I140,Is it possible that my PD would always be july2008 even if
-a. I switch employers and they file H1B?
-b. I go outside country for 6-11months for job or study and come back and work on H1B extension of 3 yrs?
-c. I am unemployed and on H4 in between for sometime?
Thanks in advance.
more...
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ameryki
01-08 09:15 PM
If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
free "EAD and AP" for life what are you talking about??
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
free "EAD and AP" for life what are you talking about??
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raviram1980
01-15 12:19 PM
Thanks again for your quick reply. My AP was approved on 21st nov and I left for India on 26th Nov. Any idea if this can be considered enough time ?
more...
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aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
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sparkle1
03-24 08:37 AM
Hi,
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
more...
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raju123
06-11 06:12 PM
Be careful for making every one fool !
Mistake..............Now i am not able to change the title-sorry guys.
Mistake..............Now i am not able to change the title-sorry guys.
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mirchiseth
05-29 01:18 PM
Just to confirm, based on webm's response
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
more...
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svn
04-07 07:06 PM
After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
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vikaschowdhry
06-02 06:55 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
more...
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StarSun
02-24 09:43 AM
The conference call is available in IV Wiki. (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
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kirupa
01-17 09:22 PM
Added!
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Porch
08-28 02:29 PM
DO we need the latest pay stubs to extend the h1b from company A? Since I'm working for company B now, I'm little confused.
krishnam70
05-06 04:29 PM
Hi Morchu,
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
deekay
06-23 05:01 PM
Although this type of mistake on the I-94 would be an issue of you were solely maintaining H-1B status, because you are considered to be in the U.S. in an authorized period of stay as an Adjustment of Status (AOS) Applicant, the incorrect date on the I-94 should not present a problem for you. Technically your period of authorized stay as an AOS applicant can only end once your AOS application is adjudicated, so the dates listed on the I-94 cards for AOS Applicants are always somewhat arbitrary to begin with. Customarily AOS applicants are issued I-94 cards that are valid for a one-year period, however, if for instance, that year ends, and the I-94 �expires�, the AOS Applicant would still be maintaining valid status so long as the AOS application remains pending.
In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.
In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.
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