looivy
02-26 04:04 PM
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
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ncrtpMay2004
07-03 06:38 AM
Got appt notice (for 7th)
2 days later appt cancellation notice
5 days later got a new appt notice (for 22nd)
2 days later appt cancellation notice
5 days later got a new appt notice (for 22nd)
edaltsis
07-22 01:11 PM
What do you mean "both the employers are consultant" ? When they employ you and you work on assignments for them, you become a "consultant" for them. Consultant means "An expert who gives advice", considering you good at the subject you are called an expert.
Without knowing anything about the company no one will be able to suggest you which is good or bad. Apart from the salary & the benefits they offer, you have to take a decision.
Without knowing anything about the company no one will be able to suggest you which is good or bad. Apart from the salary & the benefits they offer, you have to take a decision.
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EADchallenged
07-27 04:17 PM
CIR is akin to churning the ocean and in an election year highly unlikely. Our best opportunity this year would be to get some retrogression relief in this bill. Filing for 485 gets some extra dollars for the ICE and at the same time does not add a single extra immigrant. Is this being pursued seriously?
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ganguteli
07-07 11:58 AM
Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
fromnaija
12-12 02:20 PM
What if i leave it just like that?
That, my dear friend, is courting disaster at a later date and would be very unwise.
That, my dear friend, is courting disaster at a later date and would be very unwise.
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Ann Ruben
07-13 08:33 AM
Dear gc-rip,
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
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aka
04-23 11:52 AM
I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
I have a RD of JUNE 4, 2007 and a PD of 07/03 and still no approval yet (NSC). So not sure how they come up with these processing dates. You are right... nothing makes much sense nowadays!!
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
I have a RD of JUNE 4, 2007 and a PD of 07/03 and still no approval yet (NSC). So not sure how they come up with these processing dates. You are right... nothing makes much sense nowadays!!
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gc_check
07-16 10:29 AM
As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
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rbharol
09-26 08:37 PM
I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.
be changed.
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srikondoji
07-02 03:04 PM
follow your lawyer's advice.
You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
--sri
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
--sri
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
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krishmunn
05-20 01:44 PM
Get HDFC receipt
Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
2 days after the receipt was issued, take appointment (online).
Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
Appear for interview
You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.
Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
2 days after the receipt was issued, take appointment (online).
Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
Appear for interview
You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.
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graylensman
11-22 09:56 PM
Tomorrow is always the new day. And I'm disappointed nobody tried to bribe me.
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paskal
07-08 08:49 PM
Any Drive in Minneapolis???
could not find one.
btw are you signed up to the state chapter (MN) ?
could not find one.
btw are you signed up to the state chapter (MN) ?
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meridiani.planum
03-31 09:06 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?
Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?
Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...
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kumar2203
05-23 08:41 PM
Hello,
I have one question about dependent I-485.. I filed I-485 to Texas Service Center under EB-3 in 2007, Applied EB-2 140 to Nebraska Service Center under EB2, ported priority date. Now I have to add dependent 485 appication, which service center I have to send ?
thanks for your help !!
I have one question about dependent I-485.. I filed I-485 to Texas Service Center under EB-3 in 2007, Applied EB-2 140 to Nebraska Service Center under EB2, ported priority date. Now I have to add dependent 485 appication, which service center I have to send ?
thanks for your help !!
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ChainReaction
04-02 02:28 PM
I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
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wandmaker
08-10 11:38 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
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lazycis
10-29 03:02 PM
I found out (via attorney) that the right way to do it is to send a new G-28 form to USCIS. Put your name as a petitioner and as a representative, check box 4 (other) and write "I would like to represent myself in all matters related to my I-485 filing".
somegchuh
10-26 01:11 PM
I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
seekerofpeace
04-23 03:33 PM
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
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