hopefulgc
09-15 04:03 PM
good idea.. see you at 9:30 on wednesday
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MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
crystal
07-10 09:47 PM
as we know the answer now
can somebody close this thread before people start writing one after other their last name and center.
can somebody close this thread before people start writing one after other their last name and center.
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fromnaija
07-10 12:08 PM
This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
more...
sgorla
01-29 06:37 PM
You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
SertTurk
07-19 01:59 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"
more...
ganesha
08-04 03:26 PM
Someone gave me red for this post...i dont understant why???
That somebody wants to shatter our hopes and have us live in despair:mad:
That somebody wants to shatter our hopes and have us live in despair:mad:
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chanduv23
09-15 12:04 PM
I would say:
Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans
Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.
It would be great if someone from IV core can also guide on such efforts
Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans
Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.
It would be great if someone from IV core can also guide on such efforts
more...
desih1b
04-06 10:01 AM
Sorry to hear about your dad's health.
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
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ujjvalkoul
07-19 11:36 AM
LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.
more...
gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
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sdrblr
08-22 04:31 PM
I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.
more...
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talduk
March 24th, 2005, 02:29 AM
I forgot to mention that I purchased only the body and put on an old F-801 35-70 nikon lense.
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amitjoey
11-30 06:12 PM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
Dont worry, IV is not a bureaucratic government organisation. Simply join the new state chapter and start working with them.
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
Dont worry, IV is not a bureaucratic government organisation. Simply join the new state chapter and start working with them.
more...
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ivar
04-29 09:43 AM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.
Thank you.
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.
Thank you.
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gc28262
03-04 09:28 AM
Are they gearing up for CIR 2009 ?
Otherwise why would they make it effective immediately ?
-- my speculation
Otherwise why would they make it effective immediately ?
-- my speculation
more...
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rahulpaper
06-19 06:32 PM
Does that mean application progresses normally without RFE or Wait if immunizations are still not complete?
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tomCT
03-28 08:53 AM
I think this would be an easy and effective ammendment request. The USCIS considers BS + 5years equivalent to Masters(advanced degree).
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
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immigrant2007
03-01 08:25 PM
Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
Quikc question
Want to understand how your files 485 in June2008 for EB3? Was it for India or some oter country?
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
Quikc question
Want to understand how your files 485 in June2008 for EB3? Was it for India or some oter country?
cagedcactus
04-22 08:48 AM
The U.S. Citizenship and Immigration Services (USCIS) recently expanded the reinstatement of premium processing for I-140 petitions. This is a subtle change, still limiting I-140 premium processing to a small group of cases for which the I-140 approval is needed in order to obtain eligibility for additional H1B time. The change was effective March 2, 2009. The expansion includes individuals who have already reached the end of their six years in H1B status, who would be eligible for additional time upon the approval of the I-140 petition. This situation is explained here for MurthyDotCom and MurthyBulletin readers. Examples of options for individuals in H1B status are also provided.
========================
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I am sorry if I am not reading this right, but does it mean that a person on his 7th year H-1B can apply for pp? I am currently on 7nth year, and renewal is due before september. My I 140 is pending since July 2007, and no LUDs or updates. Am I elligible?
========================
jack
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I am sorry if I am not reading this right, but does it mean that a person on his 7th year H-1B can apply for pp? I am currently on 7nth year, and renewal is due before september. My I 140 is pending since July 2007, and no LUDs or updates. Am I elligible?
pmpforgc
12-12 07:50 AM
Can some one reply my following questions about Advance parole
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
(5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)
Can some experienced members can answer above questions about my Son's Advance Parole Application, Photos for AP application and EAD card in relation to AP application.
Appreciate your help
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
(5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)
Can some experienced members can answer above questions about my Son's Advance Parole Application, Photos for AP application and EAD card in relation to AP application.
Appreciate your help
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