sledge_hammer
07-22 05:40 PM
No
hi guys,
i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.
I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?
I am still working on h1 and she is a parolee.
Thanks in advance fopr the responses.
hi guys,
i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.
I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?
I am still working on h1 and she is a parolee.
Thanks in advance fopr the responses.
brb2
04-02 11:43 PM
Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
aadimanav
05-05 09:47 AM
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
swartzphotography
November 24th, 2005, 11:03 PM
well the short answer is i like the light picture better. now i am sure that is not all your after is which one but also why. to me the photo is just jumping out at me more dark images have there place but for this particular type of image i think the lighter pictures lend better to flowers
more...
gcseeker2002
01-20 05:00 PM
I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
There are hundreds of eb3s including me, waiting for last several years, to do the work that all the other waiting eb3s would be proud of, but sadly enough, we have not yet got the greeeeeeeeeeeeeen caard :D
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
There are hundreds of eb3s including me, waiting for last several years, to do the work that all the other waiting eb3s would be proud of, but sadly enough, we have not yet got the greeeeeeeeeeeeeen caard :D
gc007
11-19 01:24 PM
I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.
more...
Ramba
01-23 06:51 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
sparky_jones
02-03 12:36 PM
My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.
more...
xu1
08-15 09:55 AM
I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?
And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)
It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?
And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)
jhaalaa
04-05 09:17 PM
I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
more...
coopheal
06-17 11:45 AM
Please add a to link to this on home page.
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
ExoVoid
06-13 03:53 PM
I worked that much out, but it shouldn't throw the percentage calculations.
more...
nosightofgc
12-07 02:46 PM
I will be surprised if some one says you cannot. Because I am doing.
logiclife
10-17 03:00 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
more...
villamonte6100
10-05 10:47 AM
hi, Do you know: How recent, which nationality, when was his/her aos filed
My friend got his green card two weeks ago on EB3 Philippines. I guess not everything here is correct, but who knows.
My friend got his green card two weeks ago on EB3 Philippines. I guess not everything here is correct, but who knows.
mhtanim
02-26 03:18 PM
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
more...
puskeygadha
05-22 10:15 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
prashantkh
08-23 02:30 PM
in EB3, EB2 and EB1
Not Enough :rolleyes:
Not Enough :rolleyes:
jonty_11
06-16 02:04 PM
Thank you rsdang..
No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!
No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!
lost_in_migration
11-08 02:05 PM
Why are number of I-485 less than number of I-130
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
va2000
10-10 09:30 AM
My lawyer told me that using EAD will not effected H4 status . It is good to get extensions on H4 along with H1 even you use your EAD to be safer side if some thing wrong with 485
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