Tuesday, August 16, 2011

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  • vin13
    01-08 12:25 PM
    Travelling on AP needs only your passport and the AP.

    Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.

    Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.

    Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.

    Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.

    Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.

    Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.

    Hope this helps.





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  • morchu
    04-29 06:14 PM
    I agree, that for most of the cases "approved" is a safer approach.
    But there can be some specific situations.

    Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.

    Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.

    This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.

    ================================
    Here is the answer from USCIS:
    "Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A
    "
    =============================

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.





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  • H1B-GC
    04-07 10:50 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    Congrats Fella!! Now time to stay at the Mail Box in the afternoon to check out the mail.Go 'Green' and pls. keep coming to the forum as and when time permits.





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  • Vel
    01-21 01:36 AM
    Hello Friends,

    Current Situation:
    -I am on my 10th years in USA and started using my EAD 1 year before
    -My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
    -I485 pending for more than 2 years (so I am beyond 180 days limit)
    -I140 is approved.
    -I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)

    Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.

    1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?

    2) Or should be a safer side to use the AC21?

    Thanks for your help on this
    Vel



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  • karthiknv143
    07-09 03:55 PM
    Bump >>>>>^^^^





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  • immi_enthu
    10-01 04:58 PM
    I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well

    Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.

    Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.



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  • Legal_In_A_Limbo
    01-15 10:11 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.

    My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.

    So what you suggest what should be my bext step.





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  • EB3_SEP04
    08-25 12:29 PM
    As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
    The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.

    I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.

    Thanks buddy!
    BTW, How to get an INFOPASS appointment?



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  • ronhira
    09-14 08:35 AM
    there is no comparision between backlogs and holocaust....

    a sign of a week mind is that he shall see his own life much difficult, believing that all others had it the easy way....





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  • summitpointe
    09-21 06:44 AM
    One more question:

    When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.



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  • pappu
    09-09 08:01 PM
    http://www.h1bfraud.com

    If you are the owner of this site, pls post information how people should report any breaking of law.

    Thanks for posing IV link on your homepage.





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  • gtg506p
    03-09 09:56 AM
    Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.



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  • vin13
    01-07 08:46 AM
    I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.

    I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.

    Best would be for you to schedule a infopass and inquire to confirm.





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  • h1bdude1
    03-23 11:48 AM
    anybody please respond !!


    hibdude1



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  • vallabhu
    08-08 10:15 AM
    When did you file I-140 at TX? RFE could be for documents about ability to pay.


    Feb 8th 2007.





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  • whitecollarslave
    01-25 10:48 PM
    The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.

    Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.

    Just a suggestion................I know there is no dearth of suggestions.

    We should definitely try (in addition to writing letters).

    Can we get some more information about this bill? Who are the key players supporting/pushing it, who/how do we contact to try and push some of these reforms?



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  • marinab
    05-24 09:50 AM
    Hi,Kirupa,thanks for replying.I figured it out:page itself was loading into the Frame,all I had to do set Frame width to auto.
    Thanks anyway.





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  • kk_kk
    07-17 09:12 AM
    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.

    Thank You for the detailed answer.

    My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.

    As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.





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  • anandrajesh
    12-07 03:37 PM
    Answers to the best of my knowledge. Read my Disclaimer at the end...
    Questions:-

    1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?

    -- Yes. You can do that and explain the consular officer abt the need for new passport

    If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.

    -- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.

    2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?

    -- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.

    3) Will appointment be available in Feb or we r too late ?

    -- They have opened it up in all embassies. You will get it.
    Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.

    Feel free to ask me for any more qns.





    thesparky007
    05-24 08:24 PM
    has this been uploaded yet?





    hydboy77
    07-14 01:59 PM
    I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.

    What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.

    To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.



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