nixstor
05-14 07:28 PM
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
This means that we have to stay put and work towards our common goal of getting the system fixed.
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eager_immi
07-19 05:24 PM
She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
Nil
11-09 11:32 AM
This was very prompt of you guys.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
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dj1234
02-12 02:59 PM
Rishikesh:
How much time did NSC take to approve your I-131 after you submitted the RFE?
I am in the similiar situation.
Please reply. Thanks
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94�s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
How much time did NSC take to approve your I-131 after you submitted the RFE?
I am in the similiar situation.
Please reply. Thanks
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94�s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
more...
GCAmigo
12-08 08:18 AM
everything is behind closed doors.. just wait for the updates form the core team..
anu_t
06-17 05:27 PM
There are some people who would be Happy , worry free even if their Dates are not current. Even they are patiently waiting for their turn since 2003.
And then I see this kind of questions. Makes me just frustrated. :mad:
And then I see this kind of questions. Makes me just frustrated. :mad:
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burnt
12-12 01:53 PM
Friends - Do they ask for I-485 receipts at the port of entry while returning on AP?
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Madhuri
02-25 11:11 AM
You can get EAD and AP when you apply for I 485. After you get EAD you can apply for SSN. Looks like you and your mom have not yet applied for I-485. If that's the case, then unfortunately you won't be eligible for FAFSA as per my knowledge. I may be wrong.
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PDDec05
06-29 11:44 PM
Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.
I just called the 1-800 number on their website, but your lawyer may know someone in person at the USCIS.
I just called the 1-800 number on their website, but your lawyer may know someone in person at the USCIS.
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smartboy75
07-09 01:59 PM
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
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chakdepatte
11-26 11:27 PM
hey Waiting Game,
the consulate in mumbai is in a very expensive area called 'breach candy' its like the beverly hills in CA.
however, u may get decent stay outside 'Dadar' or 'bombay central' railway station. these are close to the consulate but since u have a morning hour commute towards downtown mumbai, it will take at least 30-45 minutes. so give urself adequate time. avoid 'bandra', churchgate, grant road areas.
if u just need to spend the nite, u can spend it on the airport.
let know if any questions and wish u all the best.
the consulate in mumbai is in a very expensive area called 'breach candy' its like the beverly hills in CA.
however, u may get decent stay outside 'Dadar' or 'bombay central' railway station. these are close to the consulate but since u have a morning hour commute towards downtown mumbai, it will take at least 30-45 minutes. so give urself adequate time. avoid 'bandra', churchgate, grant road areas.
if u just need to spend the nite, u can spend it on the airport.
let know if any questions and wish u all the best.
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mpadapa
10-10 06:40 AM
H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
more...
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fuzzy logic
06-30 09:54 PM
Bumping - Any suggestions here.
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ragz4u
03-15 11:05 AM
Ramanujam,
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
more...
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CreatedToday
03-29 04:09 PM
Which airport in Bangalore you landed?
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
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Eternal_Hope
02-27 02:49 PM
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
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coopheal
07-26 11:39 AM
I have added my experience on wiki. Please add the banks you used here..
http://immigrationvoice.org/wiki/index.php/Sending_Money_to_India
http://immigrationvoice.org/wiki/index.php/Sending_Money_to_India
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furiouspride
04-22 12:08 AM
enjoy food.. best place to enjoy all sorts of food in US
By all sorts, you mean Indian? :D
By all sorts, you mean Indian? :D
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O'podu
07-13 01:37 PM
:D Just come over with suits, casuals, sneakers and boots in HAND.:confused:
wear the one which online rally member says before walk.
You can come with /without wearing anything. upto u.;)
LET THE RALLYYYYYYYYYYY BEGIN!!!
Here we come USCIS......!!!
wear the one which online rally member says before walk.
You can come with /without wearing anything. upto u.;)
LET THE RALLYYYYYYYYYYY BEGIN!!!
Here we come USCIS......!!!
GooblyWoobly
07-18 06:25 PM
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
If you are not planning on using EAD and she won't either then she needs to change status to H4.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
snathan
08-06 08:33 PM
hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
Your husband can remove from the GC process if he wants. And you will lose your EAD and you can not extend your EAD. One way is file for new H1B, get the job and start the GC process from PERM. There is no other way.
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
Your husband can remove from the GC process if he wants. And you will lose your EAD and you can not extend your EAD. One way is file for new H1B, get the job and start the GC process from PERM. There is no other way.
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