suwarnapatel
07-27 07:55 PM
I have to be out of the country for almost a year, beginning August and until 15th of July.
To prepare for this I applied for my AP in June, thinking that it will take about 30-45 days to be approved. As Luck would have it, my AP was accepted in a week and now I have an expiry on it for the 1st week of June.
Here are my questions:
I still have 2 weeks before I leave for my trip, now is it advisable to apply for another AP this week and wait for it to come?
Will that application make my current AP invalid?
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
Regards,
SP
To prepare for this I applied for my AP in June, thinking that it will take about 30-45 days to be approved. As Luck would have it, my AP was accepted in a week and now I have an expiry on it for the 1st week of June.
Here are my questions:
I still have 2 weeks before I leave for my trip, now is it advisable to apply for another AP this week and wait for it to come?
Will that application make my current AP invalid?
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
Regards,
SP
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GCBy3000
07-22 03:42 PM
You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
milind70
06-04 11:59 AM
My PD 15 July 2002 EB3 India and
I485 Receipt Date May 12, 2004
Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.
I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.
Oh well....
IV is the only place that is doing a lot to change.
Keep the good work IV.
Have donated $200 under my name and $150 under my wife's name to IV
Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
then u will get an approval.
In other words your chances of your case /PD being retrogressed are highly unlikely.
I485 Receipt Date May 12, 2004
Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.
I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.
Oh well....
IV is the only place that is doing a lot to change.
Keep the good work IV.
Have donated $200 under my name and $150 under my wife's name to IV
Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
then u will get an approval.
In other words your chances of your case /PD being retrogressed are highly unlikely.
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keith_in_us
04-11 07:03 PM
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
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mbartosik
03-11 09:42 PM
Here are a bunch of links showing abuse of some of us H1Bs.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
radhay
04-28 02:49 PM
There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
more...
ruchigup
08-22 03:08 PM
I changed address on pending I-485 and I-765(EAD) on 8/20 and 8/20 evening I received Card production order email for EAD. When I called the 800 number to make sure they have the correct address they said they don't have access to personal information. Upon asking to connect to second level CSR/IO they said they can't forward my call there. They asked me to take InfoPass for this.
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vnsriv
10-26 03:44 PM
My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.
what shall I do?:confused:
Can you type in all your details , like category,country, etc. Is your PD Current?
what shall I do?:confused:
Can you type in all your details , like category,country, etc. Is your PD Current?
more...
WeldonSprings
05-01 09:22 PM
Hi,
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
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suriajay12
11-02 05:38 PM
Dear President Elect _______
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
Alterego,
EXCELLANT!!!.
My expression wouldnt have come closer to that of yours. Good.
I would also add something related to buying houses. Thats where the market needs some money to be pumped in ,thats where there are many job losses.
"Unable to vote" is a good point you brought up. Most of us probably didnt mention that,. I am sorry if wrong.
Lets together start writing to the new president who I am sure will be very energetic and taking quicker actions in the right direction.
And do not forget to write to the media.
Great.,
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
Alterego,
EXCELLANT!!!.
My expression wouldnt have come closer to that of yours. Good.
I would also add something related to buying houses. Thats where the market needs some money to be pumped in ,thats where there are many job losses.
"Unable to vote" is a good point you brought up. Most of us probably didnt mention that,. I am sorry if wrong.
Lets together start writing to the new president who I am sure will be very energetic and taking quicker actions in the right direction.
And do not forget to write to the media.
Great.,
more...
dreamworld
12-18 05:21 PM
:confused:
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
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raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
more...
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dpp
06-11 08:58 AM
I am also from Indy, please let me know if there are any meetings related to IV activities.
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masti_Gai
11-16 01:34 PM
Yep u need the original I H1 petition from the company for which u r working rite now. For the rest just a copy would suffice. The I-94 which is a part of ur H1 petition form Company C is very much required. You need to return that while u go out of US.
When you enter US anyways u will get another one.
Have a nice vacatioin:D
When you enter US anyways u will get another one.
Have a nice vacatioin:D
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gcformeornot
06-30 10:29 AM
bumping up:mad:
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sreeanne
01-02 06:37 PM
I have few questions on filling AP document.
1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.
2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.
Please reply.
Thanks in advance
sree
1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.
2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.
Please reply.
Thanks in advance
sree
more...
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veni001
08-26 04:09 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
3-yr diploma is considered equivalent to US High-school diploma( 12th grade) and how can one get MS without bachelor's degree? and remember in most cased USCIS require you to show 4-year US equivalent bachelor degree even for EB3
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
3-yr diploma is considered equivalent to US High-school diploma( 12th grade) and how can one get MS without bachelor's degree? and remember in most cased USCIS require you to show 4-year US equivalent bachelor degree even for EB3
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jkays94
03-31 02:13 AM
He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...
In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.
Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.
Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.
And this just yesterday :
ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.
http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home
***
At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.
***
Monday, October 31, 2005 Page A1 GLOBE AND MAIL
Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.
"We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."
In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.
Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.
Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.
And this just yesterday :
ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.
http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home
***
At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.
***
Monday, October 31, 2005 Page A1 GLOBE AND MAIL
Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.
"We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."
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glus
04-17 07:54 AM
This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
In general a person with a valid visa can drive in the U.S. provided the person is in possession of a valid drivers license. However, if he is not on your insurance policy added as a driver and causes an accident, your insurance company is not liable and can refuse to pay the costs. If he is to drive your car, ask your insurance agent about this.
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
In general a person with a valid visa can drive in the U.S. provided the person is in possession of a valid drivers license. However, if he is not on your insurance policy added as a driver and causes an accident, your insurance company is not liable and can refuse to pay the costs. If he is to drive your car, ask your insurance agent about this.
ski_dude12
02-17 09:51 PM
We had out fingerprinting done 3 weeks back.
SREE_485
08-13 04:31 PM
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
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